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Publications of the 
Carnegie Endowment for International Peace 

Division of International Law 
Washington 



DIPLOMATIC CORRESPONDENCE OF THE 
UNITED STATES 

INTER-AMERICAN AFFAIRS 
1831-1860 



OF THE UNITED STATES 

INTER-AMERICAN AFFAIRS 

1831-1860 .. 



v.l 

SELECTED AND ARRANGED BY 

WILLIAM R. MANNING, Pn.D. 

Division of Latin American Affairs 
Department of State 

Editor of DIPLOMATIC CORRESPONDENCE OF THE UNITED 

STATES CONCERNING THE INDEPENDENCE OF 

THE LATIN AMERICAN NATIONS, 

to which this is 

a sequel 



VOL. I ARGENTINA 

DOCUMENTS 1-387 



WASHINGTON ' . . " /.-. 

CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE , '." 
700 JACKSON PLACE. N. W. 

f ~^> - f . * 

,""'" 19.30 : '-.., . ; ; 

* *.7Jv . - ... - - 



COPYRIGHT 1932 

BY THE 
CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE 



PRINTED IN THE UNITED STA-TE3 OF AMERICA 
"A.T. THE -RtnSFORD j?RESS, CONfcORD, N. H. 



A FOREWORD 

If we Americans of the North had no records of our diplomatic history 
during the long and trying period in which we achieved our independence, 
or even if as is nearer the truth our diplomatic records of this and sub- 
sequent phases of our history were incomplete, how grateful we should be to 
any State or group of States which would supplement our documents by 
opening up their archives containing the records of our relations with them 
and, by publishing them, place them at our disposal through the printed page. 

The Division of International Law of the Carnegie Endowment, desiring 
to do for others what we should like to have done for the United States, ob- 
tained permission from the Secretary of State to have the Archives of the 
Department of State examined in order to select and publish documents 
which they contained relating to the Latin American Republics. The selec- 
tion and editing of these documents were entrusted to Dr. William R. Man- 
ning, of whose eminent qualifications for the work the three volumes already 
published bear witness. 

These three volumes, which may be designated as the first series of the 
published documents, cover the period from 1810, when the first faint rum- 
bling of the impending revolutions began to be heard, to 1830, when it may 
be said that the independence of all of the Latin American States was as- 
sured. But while the first series thus achieved a specific aim, the entire 
project has a larger and continuing purpose, that of bringing together and 
publishing, in so far as they are available in the Archives of the United 
States, the further documents dealing with the international relations of the 
American States. This larger purpose is being carried out, at the request 
of the Pan American Union, 1 in the second series, extending from 1831 to the 

1 "The Governing Board of the Pan American Union, at its session of December 2, 1925, 
notes with special satisfaction the publication of Manning's Diplomatic Correspondence 
of the United States concerning the Independence of the Latin American Nations, undertaken 
upon the suggestion of Latin American publicists and diplomats. In congratulating the 
Carnegie Endowment for International Peace upon the publication of the three volumes, 
the Governing Board expresses the hope that the undertaking may be enlarged and that the 
documents relating to later years, in so far as their publication may be authorized by the 
Government of the United States, may be collected and published as part of the same series. 

"The Governing Board of the Pan American Union, in view of the fact that the docu- 
ments in this work present in the most complete form the sources for the study of the early 
diplomatic relations between the Republics of Latin America and the United States, earnestly 
hopes that the work in its entirety may be published in Spanish, in order to make available 
to the Spanish-speaking nations of America the interesting information contained in the 
volumes published by the Carnegie Endowment." Resolution approved by the Governing 
Board of the Pan American Union, December 2, 



Vlii A FOREWORD 

end of 1860, after which the Foreign Relations of the United States began to 1 
published. It is believed that these volumes of documents concerning tl 
relations of the Latin American States during the formative period of thir 
years will constitute, as it were, a necessary introduction to the Forei\ 
Relations of the United States, which are greatly in need of the very doc 
ments dealing with the half century covered by the volumes in question. 

The first series has published the title deeds of American independenc 
drafted during the years when the Latin American Republics were rocked, 
it were, in the cradle; the second series supplies an immense store of inform 
tion regarding their relations while they were still in the stirring and stru 
gling days of their early youth. Both series are evidence of the deep ai 
abiding interest which we Americans of the North have in the growth ai 
in the prosperity of the peoples of all the American countries, and they a 
incontrovertible proof that, in all of the larger things of international \\\ 
we are and we must remain as one. 

JAMES BROWN SCOTT. 

WASHINGTON, D. C. 
March 23, 1932. 



PREFACE 

The publication of which this is the first of probably ten or possibly more 
volumes is a sequel to that of three volumes entitled Diplomatic Correspond- 
ence of the United States Concerning the Independence of the Latin American 
Nations which was published in 1925, under the same auspices. The earlier 
compilation, it will be recalled, covered the period 1810 to 1830, and was con- 
fined rather rigidly to the one subject, independence, and intimately related 
matters. The present publication, beginning with January, 183 1 , and extend- 
ing through three decades to December, 1860, is designed to include all of the 
documents in the archives of the Department of State which have a bearing 
upon the international relations of the Latin American nations, excepting 
those designated in the following three sentences: Such formal, polite, per- 
functory documents as inaugural or anniversary greetings, presentation 
addresses and correspondence preliminary thereto, letters of credence, of 
congratulation or of condolence, full powers, and other similar necessary 
but relatively unimportant courteous diplomatic exchanges have been 
omitted, since they would have greatly increased the bulk of the collection 
without adding much to its value or interest. Matters of an ephemeral or a 
more or less personal character such as negotiations looking toward the 
settlement of the claims of nationals of one country against the government 
of another have been excluded, save in those instances in which discord 
regarding such negotiations caused, or threatened to cause, a suspension of 
diplomatic relations, in which case the more important documents showing 
that fact have been included. Negotiations looking toward the settlement 
of commercial controversies or the conclusion of commercial treaties have 
also been excluded unless special favors were offered or solicited or discus- 
sions arose regarding stipulations designed to prevent the concession of such 
favors by the negotiating states to others. The inclusion of all these docu- 
ments, the reasons for whose exclusion have just been explained, would 
probably have nearly, if not quite, doubled the bulk of the publication. 
As in the former collection, correspondence has been included not only with 
the Latin American countries, but also with those European countries which 
were most actively interested in Latin American matters, namely, Spain, 
primarily, and also Great Britain and France, and, to a minor extent, the 
Netherlands. 

No documents have been omitted because of a confidential or indiscreet 
character or because, if contemporaneously published, they would possibly 
have given offense or have damaged the reputation of the writer or of those 
about whom he wrote or of his own or some other government. In applying 



for permission to transcribe and publish these documents, the editor 
pressed to the interested officials of the Department of State his belief t 
the Department has nearly everything, if not indeed everything, to 
and little, if anything, to lose by making public all pertinent document; 
its files; and no dissent was voiced in granting the requested permissi 
Although he is himself an official of the Department and is obliged conti 
ally to exercise caution regarding such matters in connection with its curr 
correspondence, he has not withheld nor suppressed any documents or p; 
of documents which he would have included had he been entirely unc 
nected with the Department. 

In some of the documents, apparently inexcusably hostile criticisms 
high officials of foreign governments, and in a few instances of an eiv 
people, will be found to have been made by indiscreet, disappointed, < 
gruntjed or vitriolic writers; but, barring a few cases in which it will proba 
be generally conceded that such language was, at least partially, deserv 
it is more discreditable to those who used it than to those concerning wh 
it was used. The following two applicable sentences are repeated aim 
verbatim from the preface of the former, related, publication: The latesl 
the papers being nearly seventy years old, it is believed that none of 
governments mentioned nor of the living relatives or admirers of the offic 
or writers involved will take offense at the publication now of indiscreti 
or denunciations due to the mistakes, the passions or the prejudices of fr 
three quarters of a century to a century ago. Their retention enables 
reader of the present time better to get into the atmosphere of the past i 
therefore enhances the historical value of the publication. 

Of many of the documents included, portions have been omitted, 1 
always because they did not properly come within the scope of the publi 
tion as delimited above. On the other hand if such extraneous matter oc 
pies only a few lines or a brief paragraph it has usually been allowed to sti 
in order not to interrupt the apparent continuity of the document in wh 
it comes. Not infrequently the subject of an omitted portion has been ir 
cated in a footnote, especially if it is closely related to the included port 
or only a little removed from the proper scope of the publication. In 
absence of any such explanation it should be assumed that an omitted port 
is unrelated or discusses unimportant routine matters. In some cases, e- 
such facts have been indicated. 

In transcribing and editing the manuscripts for this sequel an effort 
been made, as was done in the case of the foregoing work, to have the prin 
documents as faithful a reproduction as possible of the pen- written origin 
excepting the variously arranged and worded addresses and the names ; 
titles of the addressees and signers, for all of which have been substituted 
descriptive headings ; and the frequently elaborate polite closings have alw 
been abbreviated, unless already very brief. Peculiarities and defects 



PREFACE XI 

style, punctuation, spelling, et cetera, have been allowed to stand, except in 
the case of an isolated error evidently due to inadvertence in an otherwise 
reasonably scholarly composition, the correction of which could in no wise 
affect the sense. In all cases the writer of the document has been given the 
benefit of a doubt if an apparently incorrect letter sufficiently closely resem- 
bled one that would have been correct as to have been so made through haste 
or even carelessness. Some of the correspondents, it will be observed, were 
inclined to the use of obsolete or obsolescent or otherwise odd, rather than 
absolutely incorrect, spellings; and some tended to assimilate their English 
spelling to the spelling of almost, but not quite, identical words in the lan- 
guage of the countries where they resided, or had previously resided, a 
tendency not uncommon, indeed, in present-day diplomatic correspondence, 
possibly due to a disposition characteristic of diplomats or their amanuenses 
to compliment their hosts, a sort of noblesse oblige of the calling. 

In this connection probably reference should be made to the word "des- 
patch", which, it will be observed, is predominantly though not quite uni- 
versally, so spelled in the documents. It always has been, and still is, 
correctly so spelled not only by the State Department and its representatives 
but also by the British Foreign Office and its agents abroad, with a few 
exceptions of both nationalities now as ever who due to either inadvertence 
or deliberate choice follow the spelling "dispatch" almost universally used 
in newspapers, of the United States at least, and in most magazines and 
books. However, some of the better magazines and many books, especially 
of those devoted to diplomatic history, diplomacy or international law, use 
the spelling which is characteristic of diplomatic practice in both English- 
speaking countries and is certainly etymologically quite as justifiable as the 
spelling more common outside of diplomatic circles. In the editorial refer- 
ences and comments in the footnotes the correct diplomatic spelling has been 
followed. Students familiar with the antecedent related publication will 
note an inconsistency between the two in the spelling of the word. In pre- 
paring the manuscript for the former also the editor followed the correct 
diplomatic spelling ; and he did not learn until all three volumes were in page 
proof that in the process of technical editing the spelling of this word had in 
the thousands of cases been changed to the more common but quite undiplo- 
matic form. Objections to consuming the time and incurring the extra ex- 
pense that would have been required to restore the word to its intended spelling 
were allowed to prevail over the editor's desire to have it technically correct. 

Condensed reviews of the salient facts in the diplomatic careers of the for- 
eign representatives of the United States and of secretaries of state as well as 
of foreign diplomats residing in Washington have, as in the former publica- 
tion, been transcribed (chiefly from the Historical Register of the Depart- 
ment of State, issued in 1874, but supplemented in some cases by information 
from unpublished manuscripts) and placed in the footnote to the first docu- 



Xll PREFACE 

ment in which the subject of the sketch is encountered as addressee < 
addresser, since that useful issue of the Register is not easily accessible an 
since these facts will, it is believed, add to the interest in and value of tl 
documents. Likewise, the plan formerly pursued, of citing in the footnoti 
the source of each document separately, has been followed in the preset 
work. In case of a specific citation in one document of another documei 
by number or date or other definite description an indication has been givt 
in a footnote whether the cited document has also been transcribed for tl 
publication and, if it has, where the reader should turn to find it; but gener, 
allusions to previous correspondence which do not definitely identify specii 
documents have usually not been made occasions for footnote entries. Ed 
torial annotations have been confined rather closely to the three types ju; 
described. By far the greatest part of the footnote material, which son 
readers may think is disproportionately extensive, will be found to consii 
of the texts of documents which reached the Department as enclosures wit! 
and whose contents were not fully repeated in, despatches and notes, so th; 
their presence is essential to a full understanding of the diplomatic corn 
spondence proper ; and each has been so placed as to be as near as practical.) 
to that portion of the text which it explains, illustrates, or amplifies. 

While most of the documents are, it is believed, here printed for the fir: 
time, many of them have already appeared in other publications, most! 
official, or other, not easily accessible, prints. No indications have bee 
given, with a very few incidental exceptions, whether or where any particuh 
document has previously been printed; neither has any attempt been mac 
to give references to any of the fortunately increasing number of book 
magazine articles and monographs which discuss the subjects to which the; 
documents, or any of them, relate. No other single publication would 1 
found to contain more than a very small proportion of them. For the thn 
decades to which these documents belong there is no one publication whic 
contains a considerable amount of United States diplomatic correspondent 
For most of the period before 1830, "American State Papers, Foreign Rel; 
tions," serves such a purpose fairly well; and for the period since 1861 tl 
State Department's annual Report entitled "Foreign Relations" (still beii: 
published, each issue about a decade after the year to which it applies) does tl 
same. The fact that the last named began when it did had no little to do wit 
the selection of 1860 as the last year to be covered by the present publicatioi 

The arrangement of the documents for this collection differs in one notab 
particular from that of the publication to which it is a sequel. In that on 
all communications from the United States were grouped together as Part 
and filled about half of Volume I ; and there were as many Parts as there wei 
countries covered, including the United States. In this one, the communic 
tions from the United States do not appear as such but have been broken i 
into as many Parts as there are countries other than the United States, eac 



country. This change has been made partly because the much greater bulk 
of material would have necessitated devoting two or three entire volumes to 
communications from this country; and partly in order that as soon as the 
editorial work on the documents to be included in the first volume should 
be finished it could be issued at once and, having all communications both 
to and from one foreign country, would be a sufficiently complete unit to be 
usable and interesting. Hence it will not be necessary to await the comple- 
tion of the editorial work on the entire publication before making any portion 
of it available. Part I of Volume I contains, therefore, Communications to 
Argentina, that is, Instructions from the Department of State to its repre- 
sentatives in that country, and Notes to the representatives of that country, 
in Washington ; Part II contains Communications from Argentina, that is, Des- 
patches from the Department's representatives in Argentina and Notes from the 
representatives of that country, in Washington. There will be in the present 
publication, therefore, twice as many Parts as there are countries covered, 
other than the United States ; and further, the Parts will be subdivisions of vol- 
umes instead of subdivisions of the entire publication , as formerly. Some of the 
subsequent volumes will contain correspondence with two or more countries, 
since, in some cases, not enough pertinent material has been found to warrant 
a separate volume for each country; however, in at least one instance, namely, 
Mexico, the quantity of material is so great as to fill at least two volumes. 
It is expected that each subsequent volume will follow its immediate pred- 
ecessor from the press within a few weeks. The country or countries cov- 
ered by each volume will be determined by the alphabetical order of their 
initial letters. Thus, Communications to and from Bolivia and Brazil, will 
appear together, in the order indicated, in Volume II. 

Except this paragraph, this is a general preface applicable equally to all 
volumes which will compose the publication. These few sentences apply 
only to this volume, which, as indicated above, is confined to correspondence 
between the United States and Argentina. A diplomatic mission from the 
former country near the Government of the latter existed at the opening 
of the period covered by this collection; but, in 1832, a diplomatic impasse 
was reached over the Falkland Islands controversy, correspondence concern- 
ing which occupies no inconsiderable part of this volume ; and for eleven years 
no United States diplomatic mission to Argentina existed. Some quasi- 
diplomatic correspondence through the consular mission of the United States 
at B'uenos Aires during these years has been included in the publication. In 
1838 an Argentine mission arrived in Washington and endeavored to effect a 
mutually satisfactory settlement of the long pending dispute. This proved 
impossible ; but ultimately otherwise friendly relations were resumed and the 
mission remained as a regular legation. A special United States diplomatic 



XIV PREFACE 

mission was sent to Buenos Aires in 1843 to resume relations. Regulz 
diplomatic intercourse continued thereafter until the end of the period co^ 
ered by the publication. The head of the mission was sometimes accredite 
to the Argentine Republic ; sometimes to the Argentine Confederation ; an 
sometimes the government with which he dealt is referred to merely as tt 
Government of Buenos Aires. The term Argentina, though not commonl 
used until a later date, has, for convenience, been applied to the region in th 
document headings and in other editorial contributions to this collectioi 
but not, of course, in the texts of the documents, where the various conten 
poraneous designations have been preserved. Referring to the statemer 
above, that the first volume will be a sufficiently complete unit to be usabl 
and interesting by itself, it should probably be said, at this point, that man 
documents in subsequent volumes will shed important additional light o 
the international phases of Argentine affairs. For example, at certai 
periods, notably during the Franco-British intervention in the affairs ( 
Argentina and Uruguay, the despatches from the Legation at Rio de Janeir 
are more largely devoted to those countries than to Brazil. Furthermon 
communications to and from the European countries chiefly interested i 
American affairs Great Britain, France, and Spain shed much addition; 
light on the affairs now of one, again of another Latin American country c 
group of countries. Hence no one volume can be a completely self-containe 
unit. 

Practically all of the documents for the entire collection have alread 
been located and transcribed, those yet to be copied being only a fe 1 
originally overlooked which, as the editorial work progresses, are found t 
be necessary for a full understanding of those which have been transcribe( 
The searching in the archives for the documents composing the preser 
collection and their designation for copying have been done largely b 
the editor himself. He has however been materially assisted in this by h 
wife, daughter and son; and the last has also assisted in arranging an 
editing them. In the present enterprise, therefore, the editor alone is re 
sponsible not only for any errors in delimiting the field and arranging an 
editing the documents, as he was in connection with the previous relate 
publication, but also for faults of judgment in the inclusion or exclusion c 
pertinent material, which, so far as concerned the previously unpublishe 
documents, he formerly shared with Mr. T. John Newton, whose failin 
health and subsequent death rendered his assistance unavailable for tli 
present undertaking. Although, as stated before, the editor is an officer c 
the Department of State, his preparation of the material for these publics 
tions has not constituted any portion of his official duties nor consumed an 
of the time for which he is employed by the Department. 

WILLIAM R. MANNING. 
July, 1929. 



CONTENTS 

VOLUME I 

PAGE 

PART I. Communications to Argentina 3 

PART II. Communications from Argentina 65 



Doc. 

No. 


From 


To 


Date 


Page 


i 


Martin VanBuren, Sec. 


John M. Forbes, U. S. 


Feb. 10, 1831 


3 




of State 


Charge d' Affaires at 










Buenos Aires 






2 


Edward Livingston, 


Francis Baylies, U. S. 


Jan. 26, 1832 


4 




Sec. of State 


Charge d'Affaires at 










Buenos Aires 






3 


Same 


Same 


Feb. 14, 1832 


12 


4 


Same 


Same 


April 3, 1832 


14 


5 


Daniel Brent, Acting 


Manuel Vicente de Maza, 


Oct. 18, 1832 


15 




Sec. of State 


Acting Minister of For- 










eign Affairs of Argentina 






5a 


John Forsyth, Sec. of 


Same 


July 29, 1834 


15 




State 








5b 


Same 


Felipe Arana, Minister of 


March 19, 1835 


16 






Foreign Affairs of 










Argentina 






6 


Aaron Vail, Acting Sec. 


Carlos Maria de Alvear, 


Oct. 26, 1838 


18 




of State 


Argentine Minister to 










the U. S. 






7 


Daniel Webster, Sec. of 


Carlos Marfa de Alvear, 


Dec. 4, 1841 


18 




State 


Argentine Minister to 










the U. S. 






8 


Abel P. Upshur, Sec. of 


Harvey M. Watterson, 


Sept. 26, 1843 


20 




State 


Special Agent of the 










U. S. at Buenos Aires 






9 


John C. Calhoun, Sec. 


William Brent, Jr., U. S. 


July 15, 1844 


22 




of State 


Charg6 d'Affaires at 










Buenos Aires 






10 


Same 


Same 


Dec. 28, 1844 


23 


ii 


Same 


Carlos Maria de Alvear, 


Feb. 20, 1845 


24 






Argentine Minister to 










the U. S. 






12 


Same 


Same 


March 3, 1845 


25 


13 


James Buchanan, Sec. 


William Brent, Jr., U. S. 


May 26, 1845 


26 




of State 


Charge d'Affaires at 










Buenos Aires 






14 


Same 


Carlos Maria de Alvear, 


May 29, 1845 


26 






Argentine Minister to 










the U. S. 






15 


Same 


Same 


Oct. 25, 1845 


27 


16 


Same 


William A. Harris, U. S. 
Charge d'Affaires at 


March 30, 1846 


29 






Buenos Aires 






*7 


Same 


Same 


May 14, 1846 


33 



LIST OF DOCUMENTS IN VOLUME I 

PART I. COMMUNICATIONS TO ARGENTINA (Continued] 



)oc. 
Mo. 


From 


To 


Date 


Page 


18 


James Buchanan, Sec. 
of State 


Carlos Maria de Alvear, 
Argentine Minister to 
the U. S. 


Aug. 14, 1846 


35 


19 


Same 


William A. Harris, U. S. 
Charge d' Affaires at 
Buenos Aires 


Nov. 12, 1846 


36 


20 


Same 


Same 


Sept. 30, 1847 


38 


21 


Same 


Same 


Oct. 10, 1848 


39 


22 


John M. Clayton, Sec. 
of State 


Same 


May 21, 1849 


39 


23 


Same 


Same 


Dec. 26, 1849 


40 


24 


Same 


Same 


Dec. 27, 1849 


40 


25 


Daniel Webster, Sec. 
of State 


John S. Pendleton, U. S. 
Charge d 1 Affaires at 
Buenos Aires 


May 8, 1851 


4i 


26 


Same 


Same 


April 28, 1852 


41 


27 


Edward Everett, Sec. 
of State 


Same 


Dec. 2, 1852 


42 


28 


Same 


Same 


Feb. i, 1853 


42 


29 


A. Dudley Mann, Act- 
ing Sec. of State 


Same 


July 30, 1853 


43 


3 


William L. Marcy, Sec. 
of State 


Same 


Oct. 8, 1853 


43 


31 


Same 


James A. Peden, U. S. 
Minister Resident in 
Argentina 


June 29, 1854 


44 


32 


Same 


Same 


July 14, 1856 


46 


33 


Department of State 


Same 


July 18, 1856 


48 


34 


William L. Marcy, Sec. 
of State 


Same 


Aug. 29, 1856 


50 


35 


Same 


Same 


Feb. 10, 1857 


52 


36 


Lewis Cass, Sec. of 
State 


Mirabeau B. Lamar, 
U. S. Minister Resident 
in Argentina 


Oct. 23, 1857 


53 


37 


John Appleton, Acting 
Sec. of State 


Benjamin C. Yancey, 
U. S. Minister Resi- 
dent in Argentina 


Aug. 26, 1858 


56 


38 


Lewis Cass, Sec. of 
State 


Same 


June 24, 1859 


57 


38a 


James Buchanan, Pres- 
ident of the U. S. 


Justo J. de Urquiza, 
President of Argentina 


Aug. 10, 1859 


58 


39 


Lewis Cass, Sec. of 
State 


John F. Cushman, U. S. 
Minister Resident in 
Argentina 


Sept. 12, 1859 


59 



Doc. 
No. 



40 



Doc. 

No. 



42 
43 

44 
45 

46 
47 



49 
50 

51 
52 

53 
54 



LIST OF DOCUMENTS IN VOLUME I 

PART I. COMMUNICATIONS TO ARGENTINA (Continued] 



XIX 



Doc. 

No. 


From 


To 


Date 


Page 


40 


William Henry Tres- 


John F. Cushman, U. S. 


July 5, i860 


60 




cot, Acting Sec. of 


Minister Resident in 








State 


Argentina 







PART II. COMMUNICATIONS FROM ARGENTINA 



Doc. 

No. 


From 


To 


Date 


Page 


41 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Tomas Manuel de Ancho- 
rena, Minister of For- 
eign Affairs of Argen- 
tina 


Nov. 21, 1831 


65 


42 


Same 


Edward Livingston, Sec. 
of State 


Nov. 23, 1831 


66 


43 


Tomas Manuel de An- 
chorena, Minister of 
Foreign Affairs of 
Argentina 


George W. Slacum, U. S. 
Consul at Buenos Aires 


Nov. 25, 1831 


70 


44 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Tomas Manuel de Ancho- 
rena, Minister of For- 
eign Affairs of Argentina 


Nov. 26, 1831 


71 


45 


Tomas Manuel de An- 
chorena, Minister of 
Foreign Affairs of 
Argentina 


George W. Slacum, U. S. 
Consul at Buenos Aires 


Dec. 3, 1831 


72 


46 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Tomas Manuel de Ancho- 
rena, Minister of For- 
eign Affairs of Argentina 


Dec. 6, 1831 


73 


47 


Same 


Edward Livingston, Sec. 
of State 


Dec. 9, 1831 


75 


48 


Tomas Manuel de An- 
chorena, Minister of 
Foreign Affairs of 
Argentina 


George W. Slacum, U. S. 
Consul at Buenos 
Aires 


Dec. 9, 1831 


78 


49 


Same 


Same 


Dec. 9, 1831 


79 


50 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Tomas Manuel de Ancho- 
rena, Minister of For- 
eign Affairs of Argentina 


Dec. 15, 1831 


81 


5i 


Same 


Edward Livingston, Sec. 
of State 


Dec. 20, 1831 


85 


52 


Manuel J. Garcia, Min- 
ister of Foreign 
Affairs of Argentina 


George W. Slacum, U. S. 
Consul at Buenos Aires 


Feb. 14, 1832 


88 


53 


Same 


Same 


Feb. 15, 1832 


. 89 


54 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Manuel J. Garcia, Min- 
ister of Foreign Affairs 
of Argentina 


Feb. 1 6, 1832 


89 



xviii LIST OF DOCUMENTS IN VOLUME I 

PART I. COMMUNICATIONS TO ARGENTINA (Continued} 



Doc. 

No. 


From 


To 


Date 


P ai 


18 


James Buchanan, Sec. 


Carlos Maria de Alvear, 


Aug. 14, 1846 


3 




of State 


Argentine Minister to 










the U. S. 






19 


Same 


William A. Harris, U. S. 


Nov. 12, 1846 


3 






Charge d'Affaires at 










Buenos Aires 






20 


Same 


Same 


Sept. 30, 1847 


3 


21 


Same 


Same 


Oct. 10, 1848 


- 


22 


John M. Clayton, Sec. 


Same 


May 21, 1849 


2 




of State 








23 


Same 


Same 


Dec. 26, 1849 


4 


24 


Same 


Same 


Dec. 27, 1849 


A 


25 


Daniel Webster, Sec. 


John S. Pendleton, U. S. 


May 8, 1851 


4 




of State 


Charge d'Affaires at 










Buenos Aires 






26 


Same 


Same 


April 28, 1852 


& 


27 


Edward Everett, Sec. 


Same 


Dec. 2, 1852 


i 




of State 








28 


Same 


Same 


Feb. i, 1853 


t 


29 


A. Dudley Mann, Act- 


Same 


July 30, 1853 


L 




ing Sec. of State 








30 


William L. Marcy, Sec. 


Same 


Oct. 8, 1853 


i 




of State 








3 r 


Same 


James A. Peden, U. S. 


June 29, 1854 


i 






Minister Resident in 










Argentina 






32 


Same 


Same 


July 14, 1856 


i 


33 


Department of State 


Same 


July 18, 1856 


i 


34 


William L. Marcy, Sec. 


Same 


Aug. 29, 1856 






of State 








35 


Same 


Same 


Feb. 10, 1857 




36 


Lewis Cass, Sec. of 


Mirabeau B. Lamar, 


Oct. 23, 1857 






State 


U. S. Minister Resident 










in Argentina 






37 


John Appleton, Acting 
Sec. of State 


Benjamin C. Yancey, 
U. S, Minister Resi- 


Aug. 26, 1858 








dent in Argentina 






38 


Lewis Cass, Sec. of 


Same 


June 24, 1859 






State 








38a 


James Buchanan, Pres- 
ident of the U. S. 


Justo J. de Urquiza, 
President of Argentina 


Aug. ro, 1859 




39 


Lewis Cass, Sec. of 


John F. Cushman, U. S. 


Sept. 12, 1859 






State 


Minister Resident in 










Argentina 







LIST OF DOCUMENTS IN VOLUME I 

PART I. COMMUNICATIONS TO ARGENTINA (Continued) 



XIX 



Doc. 
No. 


From 


To 


Date 


Page 


40 


William Henry Tres- 
cot, Acting Sec. of 
State 


John F. Cushrnan, U. S. 
Minister Resident in 
Argentina 


July 5, 1860 


60 



PART II. COMMUNICATIONS FROM ARGENTINA 



Doc. 

No. 


From 


To 


Date 


Page 


4i 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Tomas Manuel de Ancho- 
rena, Minister of For- 
eign Affairs of Argen- 
tina 


Nov. 21, 1831 


65 


42 


Same 


Edward Livingston, Sec. 
of State 


Nov. 23, 1831 


66 


43 


Tomas Manuel de An- 
chorena, Minister of 
Foreign Affairs of 
Argentina 


George W. Slacum, U. S. 
Consul at Buenos Aires 


Nov. 25, 1831 


70 


44 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Tomas Manuel de Ancho- 
rena, Minister of For- 
eign Affairs of Argentina 


Nov. 26, 1831 


7i 


45 


Tomas Manuel de An- 
chorena, Minister of 
Foreign Affairs of 
Argentina 


George W. Slacum, U. S. 
Consul at Buenos Aires 


Dec. 3, 1831 


72 


46 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Tomas Manuel de Ancho- 
rena, Minister of For- 
eign Affairs of Argentina 


Dec. 6, 1831 


73 


47 


Same 


Edward Livingston, Sec. 
of State 


Dec. 9, 1831 


75 


48 


Tomas Manuel de An- 
chorena, Minister of 
Foreign Affairs of 
Argentina 


George W. Slacum, U. S. 
Consul at Buenos 
Aires 


Dec. 9, 1831 


78 


49 


Same 


Same 


Dec. 9, 1831 


79 


50 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Tomas Manuel de Ancho- 
rena, Minister of For- 
eign Affairs of Argentina 


Dec. 15, 1831 


81 


5i 


Same 


Edward Livingston, Sec. 
of State 


Dec. 20, 1831 


85 


52 


Manuel J. Garcia, Min- 
ister of Foreign 
Affairs of Argentina 


George W. Slacum, U. S. 
Consul at Buenos Aires 


Feb. 14, 1832 


88 


53 


Same 


Same 


Feb. 15, 1832 


. 89 


54 


George W. Slacum, 
U. S. Consul at 
Buenos Aires 


Manuel J. Garcia, Min- 
ister of Foreign Affairs 
of Argentina 


Feb. 16, 1832 


89 



XX LIST OF DOCUMENTS IN VOLUME I 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued) 



Doc. 

No. 


From 


To 


Date 


Page 


55 


George W. Slacum, 


Edward Livingston, Sec. 


Feb. 20, 1832 


9i 




U. S. Consul at 


of State 








Buenos Aires 








56 


Same 


Same 


Feb. 25, 1832 


92 


57 


Same 


Same 


Feb. 25, 1832 


93 


58 


Same 


Same 


March 20, 1832 


93 


59 


Francis Baylies, U. S. 


Same 


May 18, 1832 


98 




Charge d'Affaires at 










Buenos Aires 








60 


Same 


Manuel Vicente de Maza, 


June 20, 1832 


99 






Acting Minister of 










Foreign Affairs of 










Argentina 






61 


Same 


Edward Livingston, Sec. 


June 20, 1832 


105 






of State 






62 


Manuel Vicente de 


Francis Baylies, U. S. 


June 25, 1832 


1 06 




Maza, Acting Minis- 


Charge d'Affaires at 








ter of Foreign Affairs 


Buenos Aires 








of Argentina 








63 


Francis Baylies, U. S. 


Manuel Vicente de Maza, 


June 26, 1832 


107 




Charge d'Affaires at 


Acting Minister of 








Buenos Aires 


Foreign Affairs of 










Argentina 






64 


Same 


Edward Livingston, Sec. 


June 30, 1832 


1 08 






of State 






65 


Henry S. Fox, British 


Francis Baylies, U. S. 


July 4, 1832 


109 




Minister to Argen- 


Charge d'Affaires at 








tina 


Buenos Aires 






66 


Manuel Vicente de 


Same 


July 10, 1832 


no 




Maza, Acting Minis- 










ter of Foreign Affairs 










of Argentina 








67 


Francis Baylies, U. S. 


Manuel Vicente de Maza, 


July 10, 1832 


ni 




Charge d'Affaires at 


Acting Minister of For- 








Buenos Aires 


eign Affairs of Argentina 






68 


Same 


Same 


July n, 1832 


126 


69 


Same 


Edward Livingston, Sec. 


July 24, 1832 


127 






of State 






70 


Same 


Same 


July 24, 1832 


128 


71 


Same 


Same 


July 26, 1832 


137 


72 


Same 


Manuel Vicente de Maza, 


Aug. 6, 1832 


138 






Acting Minister of For- 










eign Affairs of Argen- 










tina 






73 


Same 


Edward Livingston, Sec. 


Aug. 6, 1832 


140 






of State 







PART II. COMMUNICATIONS FROM ARGENTINA (Continued} 



Doc. 

No. 


From 


To 


Date 


Page 


74 


Manuel Vicente de 
Maza, Acting Minis- 
ter of Foreign Affairs 
of Argentina 


Edward Livingston, Sec. 
of State 


Aug. 8, 1832 


141 


75 


Francis Baylies, U. S. 
Charge d'Affaires at 
Buenos Aires 


Same 


Aug. 13, 1832 


146 


76 


Manuel Vicente de 
Maza, Acting Minis- 
ter of Foreign Affairs 
of Argentina 


Francis Baylies, U. S. 
Charge d'Affaires at 
Buenos Aires 


Aug. 14, 1832 


147 


77 


Francis Baylies, U. S. 
Charge d' Affaires at 
Buenos Aires 


Manuel Vicente de Maza, 
Acting Minister of 
Foreign Affairs of 
Argentina 


Aug. 1 8, 1832 


152 


78 


Same 


Edward Livingston, Sec. 
of State 


Aug. 19, 1832 


153 


79 


Minute of a Confer- 
ence between Manuel 
Vicente de Maza, 
Acting Minister of 
Foreign Affairs of 
Argentina, and Fran- 
cis Baylies, U. S. 
Charge d'Affaires at 
Buenos Aires 




Aug. 27, 1832 


155 


80 


Manuel Vicente de 
Maza, Acting Minis- 
ter of Foreign Affairs 
of Argentina 


Francis Baylies, U. S. 
Charge d'Affaires at 
Buenos Aires 


Sept. 3, 1832 


158 


81 


Francis Baylies, U. S. 
Charge d'Affaires at 
Buenos Aires 


Edward Livingston, Sec. 
of State 


Sept. 5, 1832 


159 


82 


Manuel Vicente de 
Maza, Acting Minis- 
ter of Foreign Affairs 
of Argentina 


Francis Baylies, U. S. 
Charg6 d'Affaires at 
Buenos Aires 


Sept. 7, 1832 


1 60 


83 


Francis Baylies, U. S. 
Charge d'Affaires at 
Buenos Aires 


Edward Livingston, Sec. 
of State 


Sept. 26, 1832 


161 


84 


Manuel Vicente de 
Maza, Acting Minis- 
ter of Foreign Affairs 
of Argentina 


Same 


Oct. 13, 1832 


165 


843. 


Same 


Same 


Dec. 20, 1832 


167 


85 


Francis Baylies, ex-U. S. 
Charge d'Affaires 
at Buenos Aires 


Same 


Jan. I, 1833 


167 


86 


Same 


Same 


Feb., 1833 


175 



LIST OF DOCUMENTS IN VOLUME I 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued] 



Doc. 
No. 


From 


To 


Date 


Page 


87 


Francis Baylies, ex- 
U.S. Charged' Affaires 
at Buenos Aires 


Edward Livingston, Sec. 
of State 


April 23, 1833 


179 


OQ 
CO 


Same 


Same 


Same 


1 80 


8 9 


George W. SJacum, 
ex-U. S. Consul at 
Buenos Aires 


Louis McLane, Sec. of 
State 


July 13, 1833 


183 


Sga. 


Tomaa Guido, Minister 
of Foreign Affairs 
of Argentina 


Same 


Nov. 15, 1833 


184 


90 


George W. Slacum, 
ex-U. S. Consul at 
Buenos Aires 


Same 


Dec. 14, 1833 


185 


90a 


Manuel de Irigoyen, 
Chief Officer of For- 
eign Affairs of 
Argentina 


John Forsyth, Sec. of 

State 


Dec. 10, 1834 


186 


91 


Eben Ritchie Dorr, 
U. S. Consul at 
Buenos Aires 


Same 


Jan. 17, 1835 


187 


92 
923 


Same 

Felipe Arana, Minister 
of Foreign Affairs 
of Argentina 


Same 
Same 


April 5, 1835 
July 14, 1835 


189 
189 


93 


Eben Ritchie Dorr, 
U. S. Consul at 
Buenos Aires 


Same 


March 14, 1836 


191 


94 
95 
95a 


Same 
Same 

Felipe Arana, Minister 
of Foreign Affairs 
of Argentina 


Same 
Same 
Same 


Aug. 14, 1836 
Aug. 21, 1836 
Sept. 13, 1836 


192 
193 
193 


96 


Eben Ritchie Dorr, 
U. S. Consul at 
Buenos Aires 


Same 


Sept. 14, 1836 


195 


97 
98 

99 


Same 
Same 
Same 


Same 
Same 

Martin Van Buren, Presi- 
dent of the U. S. 


Oct. 11, 1836 
March 7, 1837 
April 21, 1837 


195 
196 
196 


1 00 


Same 


John Forsyth, Sec. of 
State 


May 23, 1837 


197 


IOI 


Felipe Arana, Minister 
of Foreign Affairs of 
Argentina 


Same 


May 29, 1837 


197 


102 


Eben Ritchie Dorr, 
U. S. Consul at 
Buenos Aires 


Same 


June 8, 1837 


198 


103 


Same 


Same 


Jan. 2, 1838 


198 



PART II. COMMUNICATIONS FROM ARGENTINA (Continued] 



Doc. 
No. 


From 


To 


Date 


Page 


104 


Eben Ritchie Dorr, 


John Forsyth, Sec. of 


Jan. 23, 1838 


199 




U. S. Consul at 


State 








Buenos Aires 








105 


Same 


Same 


April 7, 1838 


200 


iosa 


Felipe Arana, Minister 


Same 


April 17, 1838 


202 




of Foreign Affairs 










of Argentina 








1 06 


Eben Ritchie Dorr, 


Same 


April 21, 1838 


203 




U. S. Consul at 










Buenos Aires 








107 


Same 


Same 


May 3, 1838 


204 


1 08 


Same 


Same 


May 12, 1838 


2O4 


io8a 


Felipe Arana, Minister 


Same 


May 18, 1838 


205 




of Foreign Affairs 










of Argentina 








109 


Eben Ritchie Dorr, 


Same 


June 2, 1838 


205 




U. S. Consul at 










Buenos Aires 








no 


Same 


Same 


June 28, 1838 


206 


in 


Memorandum of a 




Oct. 27, 1838 


208 




Conference at the 










Dept. of State with 










Carlos Maria Alvear, 










Argentine Minister 










to the U. S. 








ma 


Felipe Arana, Minister 


Same 


Nov. 13, 1838 


210 




of Foreign Affairs 










of Argentina 








112 


Carlos Maria de Alvear, 


Same 


March 21, 1839 


210 




Argentine Minister 










to the U. S. 








IJ 3 


Alfred M. Slade, U. S. 


Same 


Sept. i, 1840 


226 




Consul at Buenos 










Aires 








114 


Amory Edwards, Act- 


Same 


Dec. 28, 1840 


227 




ing Consul of U. S. 










at Buenos Aires 








115 


Amory Edwards, U. S. 


Daniel Webster, Sec. of 


July 5, 1841 


227 




Consul at Buenos 


State 








Aires 








116 


Carlos Maria de Alvear, 


Same 


Dec. 30, 1841 


228 




Argentine Minister 










to the U. S. 








117 


Amory Edwards, U. S. 


Same 


July 14, 1842 


228 




Consul at Buenos 










Aires 








118 


Same 


Felipe Arana, Minister of 


March 27, 1843 


229 






Foreign Affairs of 










Argentina 







XXIV 



LIST OF DOCUMENTS IN VOLUME I 

II. COMMUNICATIONS FROM ARGENTINA (Continued} 



Doc. 
No. 


From 


To 


Date 


I 


119 


Amory Edwards, U. S. 
Consul at Buenos 
Aires 


Hugh S. Legare, Sec. of 
State 


March 28, 1843 




120 


Same 


Abel P. Upshur, Sec. of 
State 


Nov. 20, 1843 




121 


Same 


Same 


Jan. 23, 1844 




122 


Harvey M. Watterson, 
U. S. Special Agent 
at Buenos Aires 


John C. Calhoun, Sec. of 
State 


April 27, 1844 




123 


Same 


Same 


Sept. 8, 1844 




124 


Carlos G. Villademoros, 
Minister of Foreign 
Affairs of Uruguay 


Robert M. Hamilton, 
U. S. Consul at Monte- 
video 


Sept. 30, 1844 




125 


Same 


Same 


Oct. i, 1844 




126 


Felipe Arana, Minister 
of Foreign Affairs 
of Argentina 


Harvey M. Watterson, 
U. S. Special Agent at 
Buenos Aires 


Oct. 6, 1844 




127 


Harvey M. Watterson, 
U. S. Special Agent 
at Buenos Aires 


Felipe Arana, Minister of 
Foreign Affairs 
of Argentina 


Oct. u, 1844 


- 


128 


Same 


John C. Calhoun, Sec. of 
State 


Same 





129 


Carlos G. Villademoros, 
^Minister of Foreign 
Affairs of Uruguay 


Same 


Dec. i, 1844 


^ 


130 


Felipe Arana, Minister 
of Foreign Affairs of 
Argentina 


William Brent, Jr., U. S. 
Charge d' Affaires at 
Buenos Aires 


Jan. n, 1845 


1 


131 


William Brent, Jr., 
TJ. S. Charge d'Af- 
faires at Buenos 
Aires 
Minute of conference 
with Felipe Arana 


John C. Calhoun, Sec. of 
State 


Jan. 15, 1845 


2 


132 


Same 


Felipe Arana, Minister of 
Foreign Affairs of 
Argentina 


Jan. 22, 1845 


2 


133 


Same 


John C. Calhoun, Sec. of 
State 


Jan. 28, 1845 


2 


134 


Same 


Same 


Same 


2 


135 


Carlos Maria de Alvear, 
Argentine Minister 
to the U. S. 


Same 


Feb. 7, 1845 


2 


136 


Same 


James Buchanan, Sec. of 
State 


March 25, 1845 


2 


137 


Same 


Same 


IVTarv^i IT Tft^e 


<7 



PART II. COMMUNICATIONS FROM ARGENTINA (Continued} 



Doc. 
No. 


From 


To 


Date 


Page 


138 


William Brent, Jr., 
U. S. Charge d' Af- 
faires at Buenos 
Aires 


Felipe Arana, Minister of 
Foreign Affairs of 
Argentina 


April n, 1845 


267 


139 


Carlos Maria de Alvear, 
Argentine Minister 
to the U. S. 


Jame Buchanan, Sec. of 
State 


April 13, 1845 


267 


140 


Same 


Same 


May 17, 1845 


268 


141 


William Brent, Jr., 
U. S. Charge d' Af- 
faires at Buenos Aires 


Felipe Arana, Minister of 
Foreign Affairs of 
Argentina 


June 12, 1845 


269 


142 


Same 


James Buchanan, Sec. of 
State 


July i, 1845 


269 


143 


Same 


Felipe Arana, Minister of 
Foreign Affairs of Ar- 
gentina 


July 26, 1845 


275 


144 


Same 


James Buchanan, Sec. of 
State 


July 29, 1845 


275 


H5 


Same 


Same 


Same 


276 


146 


Same 


Same 


July 30, 1845 


283 


H7 


Same 


Same 


Aug. 2, 1845 


289 


148 


Same 


Same 


Same 


291 


149 


I. du Mareuil, French 
Charge d' Affaires at 
Buenos Aires 


William Brent, Jr., U. S. 
Charge d'Affaires at 
Buenos Aires 


Sept. 22, 1845 


292 


150 


Felipe Arana, Minister 
of Foreign Affairs of 
Argentina 


Same 


Same 


292 


151 


William Brent, Jr., 
U. S. Charge d'Af- 
faires at Buenos Aires 


William G. Ouseley, 
British Minister to 
Argentina 


Sept. 23, 1845 


293 


152 


Same 


James Buchanan, Sec. of 
State 


Same 


294 


153 


Felipe Arana, Minister 
of Foreign Affairs of 
Argentina 


William Brent, Jr., U. S. 
Charge d'Affaires at 
Buenos Aires 


Oct. 29, 1845 


299 


154 


Carlos Maria de Alvear, 
Argentine Minister 
to the U. S. 


James Buchanan, Sec. of 
State 


Nov. I, 1845 


300 


155 


Same 


Same 


Nov. 7, 1845 


302 


156 


William Brent, Jr., 
U. S. ChargS d'Af- 
faires at Buenos Aires 


Same 


Nov. 14, 1845 


303 


157 


Same 


Felipe Arana, Minister of 
Foreign Affairs of 
Argentina 


Nov. 27, 1845 


312 



XXVI LIST OF DOCUMENTS IN VOLUME I 

PART II. COMMUNICATIONS FROM ARGENTINA (Conti Tt 



Doc. 

No. 


From 


To 


Dat , 


158 


William Brent, Jr., 


James Buchanan, Sec. of 


Jan. 16, i^-l 




U. S. Charge d'Af- 


State 






faires at Buenos Aires 






159 


Same 


Same 


Same 


r 60 


Same 


Felipe Arana, Minister of 


Jan. 31, iH-4 






of Foreign Affairs of 








Argentina 




161 


Same 


James Buchanan, Sec. of 


Feb. 15 [!?! 






State 




162 


Same 


Same 


Feb. 2, 1 84* 


163 


Felipe Arana, Minister 


William Brent, Jr., U. S. 


Feb. 26, i H-l 




of Foreign Affairs of 


Charge d'Affaires at 






Argentina 


Buenos Aires 




164 


Edward A. Hopkins, 


Felipe Arana, Minister of 


March 7 , J H 




U. S. Special Agent 


Foreign Affairs of Ar- 






to Paraguay 


gentina 




165 


Felipe Arana, Minister 


William Brent, Jr., U. S. 


March 12, * 




of Foreign Affairs of 


Charge d'Affaires at 






Argentina 


Buenos Aires 




1 66 


William Brent, Jr.. 


Edward A. Hopkins, 


March 14, * 




U. S. Charge d'Af- 


U. S. Special Agent to 






faires at Buenos Aires 


Paraguay 




167 


Felipe Arana, Minister 


Same 


March 15, i 




of Foreign Affairs of 








Argentina 






168 


Edward A. Hopkins, 


William Brent, Jr., U. S. 


March 16, I 




U. S. Special Agent 


Charge d'Affaires at 






to Paraguay 


Buenos Aires 




169 


William Brent, Jr., 


Felipe Arana, Minister of 


Same 




U. S. Charge d'Af- 


Foreign Affairs of 






faires at Buenos Aires 


Argentina 




170 


Edward A. Hopkins, 


William Brent, Jr., U.S. 


March 18, l 




U. S. Special Agent 


Charge d'Affaires at 






to Paraguay 


Buenos Aires 




171 


William Brent, Jr., 


Edward A. Hopkins, 


Same 




U. S. Charge d'Af- 


U. S. Special Agent to 






faires at Buenos Aires 


Paraguay 




172 


Edward A. Hopkins, 


William Brent, Jr., U. S. 


Same 




U. S. Special Agent 


Charge d'Affaires at 






to Paraguay 


Buenos Aires 




173 


Felipe Arana, Minister 


Same 


March 21, \ 




of Foreign Affairs of 








Argentina 






174 


William Brent, Jr., 


Felipe Arana, Minister of 


March 25, if- 




U. S. Charge d'Af- 


Foreign Affairs of 






faires at Buenos Aires 


Argentina 




175 


Same 


James Buchanan, Sec. of 


March 31, i 






State 





LIST OF DOCUMENTS IN VOLUME I XXV11 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued) 



Doc. 

No. 


From 


To 


Date 


Page 


176 


William Brent, Jr., 


James Buchanan, Sec. of 


April 4, 1846 


350 




U. S. Charge d' Af- 


State 








faires at Buenos Aires 








177 


Same 


Carlos Antonio Lopez, 


April 29, 1846 


359 






President of Paraguay 






178 


Same 


Same 


June 8, 1846 


367 


179 


William A. Harris, U. S. 


James Buchanan, Sec. of 


July 14, 1846 


369 




Charge d'Affaires at 


State 








Buenos Aires 








1 80 


Carlos Maria de Alvear, 


Same 


July 20, 1846 


383 




Argentine Minister 










to the U. S. 








181 


William A. Harris, U.S. 


Same 


Aug. i, 1846 


385 




Charg6 d'Affaires at 










Buenos Aires 








182 


Same 


Felipe Arana, Minister of 


Aug. 6, 1846 


387 






Foreign Affairs of 










Argentina 






183 


Felipe Arana, Minister 


William A. Harris, U. S. 


Aug. 8, 1846 


389 




of Foreign Affairs 


Charge d'Affaires at 








of Argentina 


Buenos Aires 






184 


William A. Harris, U. S. 


James Buchanan, Sec. of 


Sept. 10, 1846 


391 




Charge d'Affaires at 


State 








Buenos Aires 








185 


Copy of the remarks 




Sept. 14, 1846 


396 




made by William 










A. Harris to Felipe 










Arana, in communi- 










cating the fact that 










the President had 










ordered a strict 










blockade of the 










ports of Mexico 








1 86 


William A. Harris, U. S. 


Same 


Sept. 15, 1846 


398 




Charge d'Affaires at 










Buenos Aires 








187 


Same 


Same 


Oct. 10, 1846 


399 


1 88 


Same 


Felipe Arana, Minister of 


Dec. 14, 1846 


401 






Foreign Affairs of Ar- 










gentina 






189 


Felipe Arana, Minister 
of Foreign Affairs 


William A. Harris, U. S. 
Charge d'Affaires at 


Jan. 2, 1847 


412 




of Argentina 


Buenos Aires 






190 


William A. Harris, U. S. 


James Buchanan, Sec. of 


May n, 1847 


414 




Charge d'Affaires at 


State 








Buenos Aires 








191 


Same 


Same 


May 1 6, 1847 


417 


192 


Same 


Same 


May 25, 1847 


418 



xxv iii LIST OF DOCUMENTS IN VOLUME I 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued} 



Doc. 
No. 


From 


To 


Date 


Page 


193 


William A. Harris, 
U. S. Charge d'Af- 
faires at Buenos Aires 


James Buchanan, Sec. of 
State 


June 1 6, 1847 


420 


194 


Same 


Lord Howden, Special 
British Commissioner 


July I, 1847 


424- 


195 


Lord Howden, Special 
British Commissioner 


William A. Harris, U. S. 
Charge d'Affaires at 
Buenos Aires 


July 2, 1847 


427 


196 


A. Walewski, Special 
French Commissioner 


Same 


July 3, 1847 


428 


197 


William A. Harris, U.S. 
Charge d'Affaires at 
Buenos Aires 


James Buchanan, Sec. of 
State 


Same 


430 


198 


Same 


Same 


July 15, 1847 


43i 


199 


Same 


Same 


July 21, 1847 


438 


200 


Same 


Same 


Aug. 2, 1847 


441 


201 


Same 


Same 


Sept. 1 6, 1847 


444 


202 


Same 


Same 


Oct. 17, 1847 


447 


203 


Same 


Same 


Jan. 14, 1848 


451 


204 


Same 


Same 


March 26, 1848 


453 


205 


Same 


Same 


May II, 1848 


454 


206 


Same 


Same 


June 17, 1848 


455 


207 


Same 


Same 


June 1 8, 1848 


458 


208 


Same 


Same 


July 28, 1848 


461 


209 


Same 


Same 


Sept. 23, 1848 


463 


210 


Same 


Same 


Oct. 26, 1848 


465 


211 


Same 


Same 


Jan. 15, 1849 


466 


212 


Same 


John M. Clayton, Sec. of 
State 


March 14, 1849 


472 


213 


Same 


Same 


April 9, 1849 


474 


2I 4 


Same 


Same 


June 4, 1849 


475 


215 


Same 


Same 


Aug. 23, 1849 


476 


216 


Same 


Same 


Sept. 14, 1849 


477 


217 


Same 


Same 


Sept. 20, 1849 


477 


218 


Same 


Same 


Oct. 10, 1849 


478 


219 


Same 


Same 


Nov. 4, 1849 


490 


220 


Same 


Same 


Nov. 24, 1849 


491 



Doc. 
No. 


From 


To 


Date 


Page 


221 


William A. Harris, 
U. S. Charge d'Af- 
faires at Buenos Aires 


John M. Clayton, Sec. of 
State 


Jan. 20, 1850 


49i 


222 


Same 


Same 


Jan. 26, 1850 


492 


223 


Same 


Same 


March 24, 1850 


493 


224 


Same 


Same 


April 10, 1850 


494 


225 


Same 


Same 


May 14, 1850 


496 


226 


Same 


Same 


July 20, 1850 


500 


227 


Same 


Daniel Webster, Sec. of 
State 


Sept. 8, 1850 


50i 


228 


Same 


Same 


Sept. 20, 1850 


501 


229 


Same 


Same 


Oct. 5, 1850 


504 


230 


Same 


Same 


Oct. 24, 1850 


506 


231 


Same 


Same 


Feb. 25, 1851 


509 


232 


Same 


Same 


May 4, 1851 


5io 


233 


John S. Pendleton, 
U. S. Charge d'Af- 
faires at Buenos Aires 


Same 


Sept. 22, 1851 


514 


234 


Same 


Same 


Nov. i, 1851 


515 


235 


Same 


Same 


Jan. 2, 1852 


517 


236 


Same 


Same 


Jan. 4, 1852 


520 


237 


Same 


Same 


Jan. 27, 1852 


521 


238 


Same 


Same 


Feb. 2, 1852 


523 


239 


Same 


Same 


Feb. 8, 1852 


525 


240 


Same 


Same 


March, 1852 


526 


241 


Same 


Same 


April 28, 1852 


528 


242 


Same 


Same 


June I, 1852 


528 


243 


Same 


Same 


July 29, 1852 


529 


244 


Joseph Graham, Acting 
U. S. Charge d'Af- 
faires at Buenos Aires 


Same 


Aug. 26, 1852 


53i 


245 


John S. Pendleton. 
U. S. Charge d'Af- 
faires at Buenos Aires 


Same 


Sept. 23, 1852 


532 


246 


Same 


Same 


Oct. 10, 1852 


535 


247 


Same 


Same 


Oct. 26, 1852 


536 


248 


Same 


Edward Everett, Sec. of 
State 


Dec. 5, 1852 


537 


249 


Same 


Same 


Dec. 28, 1852 


539 


250 


Joseph Graham, Acting 
U. S. Charge d'Af- 
faires at Buenos Aires 


William L. Marcy, Sec. of 
State 


March 14, 1853 


540 



xxx LIST OF DOCUMENTS IN VOLUME I 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued] 



Doc. 

No. 


From 


To 


Date 


251 


John S. Pendleton, 
U. S. Charge d'Af- 


William L. Marcy, Sec. 
of State 


April 2, 1853 




faires at Buenos Aires 






252 


Angel Elias, Sec. to the 
Provisional Director 


John S. Pendleton, U. S. 
Charge d'Affaires at 


April 13, 1853 




of the Argentine 


Buenos Aires 






Confederation 






253 


John S. Pendleton, 
U. S. Charge d' Af- 
faires at Buenos Aires 


Angel Elias, Sec. to Briga- 
dier General Justo Jose 
de Urquiza, Provisional 


April 17, 1853 






Director of the Argen- 








tine Confederation 




254 


Same 


William L. Marcy, Sec. of 


May i, 1853 






State 




255 


Same 


Same 


May 4, 1853 


256 


Same 


Same 


June i, 1853 


257 


Same 


Same 


July 14, 1853 


258 


Same 


Same 


July 24, 1853 


259 


Lorenzo Torres, Minis- 


Same 


Sept. 30, 1853 




ter of Foreign Affairs 








of the Province 








of Buenos Aires 






260 


John S. Pendleton, 


Same 


Dec. 2, 1853 




U. S. Charge d'Af- 








faires at Buenos Aires 






261 


Justo Jose de Urquiza, 


Franklin Pierce, Presi- 


March 13, 1854 




President of the Ar- 


dent of the U. S. 






gentine Confederation 






262 


James A. Peden, U. S. 


William L. Marcy, Sec. 


Oct. 27, 1854 




Minister Resident in 


of State 






Argentina 






263 


Same 


Same 


Dec. 4, 1854 


264 


Same 


Same 


Jan. 14, 1855 


265 


Juan Marfa Gutierrez, 
Minister of Foreign 


James A. Peden, U. S. 

Minister Resident in 


Jan. 30, 1855 




Affairs of Argentina 


Argentina 




266 


Memorandum of con- 




Feb. 12, 1855 




ference between A. 








LeMoyne, French 








Minister to Argen- 








tina, and James A. 








Peden, U. S. Minis- 








ter Resident in Ar- 








gentina, in regard to 








the Circular of Jan. 








30, 1855, received 








from Lieutenant 








Jeffers, Steamer 








Water Witch 







LIST OF DOCUMENTS IN VOLUME I XXxi 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued} 



Doc. 
No. 


From 


To 


Date 


Page 


267 


James A. Peden, U.S. 
Minister Resident 
in Argentina 


Juan Maria Gutierrez, 
Minister of Foreign 
Affairs of Argentina 


Feb. 13, 1855 


574 


268 


Same 


William L. Marcy, Sec. 
of State 


Feb. 16, 1855 


575 


269 


Same 


Same 


March 4, 1855 


576 


270 


Same 


Same 


March 29, 1855 


578 


271 


Same 


Same 


Oct. 9, 1855 


579 


272 


Same 


Same 


Nov. 23, 1855 


58o 


273 


Same 


Same 


Dec. 26, 1855 


582 


274 


Same 


Same 


Jan. 21, 1856 


583 


275 


Same 


Same 


March 4, 1856 


583 


276 


Same 


Same 


March 26, 1856 


584 


277 


Same 


Same 


April 23, 1856 


588 


278 


Same 


Same 


May 23, 1856 


590 


279 


Same 


Joaquin Requena, Minis- 
ter of Foreign Affairs 
of the Oriental 
Republic of Uruguay 


Same 


590 


280 


Same 


William L. Marcy, Sec. 
of State 


June 2, 1856 


592 


281 


Joaqufn Requena, 
Minister of Foreign 
Affairs of the Ori- 
ental Republic of 
Uruguay 


James A. Peden, U. S. 
Minister Resident in 
Argentina 


June 5, 1856 


594 


282 


James A. Peden, U. S. 
Minister Resident in 
Argentina 


William L. Marcy, Sec. 
of State 


June 25, 1856 


595 


283 


Same 


Same 


July 14, 1856 


599 


284 


Same 


Same 


July 15, 1856 


603 


285 


Same 


Same 


July 28, 1856 


605 


286 


Same 


Joaquin Requena, Minis- 
ter of Foreign Affairs 
of the Oriental 
Republic of Uruguay 


Same 


605 


287 


Same 


William L. Marcy, Sec. 
of State 


July 29, 1856 


606 


288 


Same 


Same 


Aug. I, 1856 


607 


289 


Joaquin Requena, 
Minister of Foreign 
Affairs of the Ori- 
ental Republic of 
Uruguay 


James A. Peden, U. S. 
Minister Resident in 
Argentina 


Aug. 5, 1856 


607 



XXX11 LIST OF DOCUMENTS IN VOLUME I 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued) 



Doc. 

No. 


From 


To 


Date 


Pa| 


290 


James A. Peden, U. S. 
Minister Resident in 


William L. Marcy, Sec. 
of State 


Aug. 12, 1856 


6c 




Argentina 








291 


Same 


Same 


Sept. 29, 1856 


6c 


292 


Same 


Same 


Oct. 4, 1856 


6c 


293 


Same 


Same 


Oct. 13, 1856 


63 


294 


Same 


Same 


Oct. 24, 1856 


6* 


295 


Same 


Same 


Oct. 27, 1856 


61 


296 


Same 


Same 


Nov. 3, 1856 


62 


297 


Memorandum handed 


Same 


Dec. 12, 1856 


62 




to the Minister of 










Foreign Affairs of 










Buenos Aires by 










James A. Peden, 










U. S. Minister Resi- 










dent in Argentina, 










and report of their 










conference 








298 


Same 


Same 


Dec. 1 8, 1856 


62 


299 


Same 


Same 


Dec. 22, 1856 


62 


300 


Same 


Same 


Jan. 17, 1857 


62 


301 


Same 


Same 


March i, 1857 


6; ? 


302 


Same 


Joaquin Requena, Minis- 


March 3, 1857 


6? 






ter of Foreign Affairs 










of the Oriental Re- 










public of Uruguay 






303 


Same 


Bernabe Lopez, Minister 
of Foreign Affairs of 


March 5, 1857 


63 






Argentina 






304 


Same 


Lewis Cass, Sec. of State 


March 6, 1857 


63 


305 


Same 


Same 


March 10, 1857 


63 


306 


Same 


Same 


April 26, 1857 


63 


307 


Same 


Same 


Same 


64 


308 


Memorandum of Con- 
ference between Ber- 




May 19, 1857 


64 




nabe L6pez, Minis- 










ter of Foreign Affairs 










of Argentina, and 










James A. Peden, 










U. S. Minister Resi- 










dent 








309 


Same 


Same 


May 25, 1857 


64 


310 


Same 


Same 


July 29, 1857 


64 


311 


Same 


Rprnahp TAnpy Miniofot- 


Ann- 1 rQr-n 





LIST OF DOCUMENTS IN VOLUME I XXXiii 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued) 



Doc. 

No. 


From 


To 


Date 


Page 


312 


James A. Peden, U. S. 
Minister Resident in 


Lewis Cass, Sec. of State 


Aug. 4, 1857 


646 




Argentina 








313 


Same 


Same 


Sept. 20, 1857 


646 


3H 


Same 


Same 


Sept. 21, 1857 


647 


315 


Same 


Jose Barros Pazos, 
Minister of Foreign 


Sept. 30, 1857 


648 






Affairs of the State 










of Buenos Aires 






3i6 


Same 


Same 


Same 


648 


317 


Same 


Lewis Cass, Sec. of State 


Same 


649 


Ji8 


Jose Barros Pazos, 
Minister of Foreign 
Affairs of the State 
of Buenos Aires 


James A. Peden, U. S. 
Minister Resident in 
Argentina 


Oct. 24, 1857 


649 


JI9 


James A. Peden, U. S. 
Minister Resident in 


Lewis Cass, Sec. of State 


Oct. 26, 1857 


650 




Argentina 








520 


Same 


Same 


Dec. 16, 1857 


651 


J2I 


Same 


Same 


Feb. 10, 1858 


652 


J22 


Same 


Same 


March 16, 1858 


654 


523 


Same 


Same 


April 3, 1858 


655 


524 


Same 


Same 


May 3, 1858 


657 


525 


Same 


Same 


June 2, 1858 


657 


526 


Same 


Same 


June 4, 1858 


' 658 


i27 


Same 


Same 


July 6, 1858 


659 


S28 


Memorandum of con- 
versation between 




July 12, 1858 


660 




Bernabe Lopez, Min- 










ister of Foreign 










Affairs of Argentina 










and James A. Peden, 










U. S. Minister Resi- 










dent in Argentina, 










in relation to claims 










and privateering 








29 


Same 


Bernabe Lopez, Minister 
of Foreign Affairs of 


July 13, 1858 


660 






Argentina 






30 


Same 


Lewis Cass, Sec. of State 


July 14, 1858 


66 1 


31 


Bernabe Lopez, Minister 
of Foreign Affairs 


James A. Peden, U. S. 
Minister Resident in 


Sept. 4, 1858 


662 




of Argentina 


Argentina 






32 


James A. Peden, U. S. 
Minister Resident in 


Lewis Cass, Sec. of State 


Sept. 14, 1858 


663 




Argentina 









rART ll. COMMUNICATIONS FROM ARGENTINA 



Doc. 

No. 


From 


To 


Date 


Page 


333 


James A. Peden, U. S. 


Lewis Cass, Sec. of State 


Sept. 30, 1858 


663 




Minister Resident in 










Argentina 








334 


Benjamin C. Yancey, 


Same 


Dec. 15, 1858 


664 




U. S. Minister Resi- 










dent in Argentina 








335 


Same 


Same 


Dec. 22, 1858 


66 


336 


Same 


Same 


Dec. 23, 1858 


67( 


337 


Same 


Same 


Dec. 30, 1858 


672 


338 


Same 


Same 


Same 


674 


339 


Same 


Same 


Jan. 6, 1859 


675 


340 


Same 


Same 


Jan. 13, 1859 


678 


34i 


Justo Jose de Urquiza, 
President of the Ar- 


James Buchanan, Presi- 
dent of the U. S. 


March I, 1859 


679 




gentine Confedera- 










tion 








342 


Benjamin C. Yancey, 
U. S. Minister Resi- 


Lewis Cass, Sec. of State 


March 17, 1859 


6fc 




dent in Argentina 








343 


Same 


Same 


April 12, 1859 


684 


344 


Same 


Same 


April 15, 1859 


68f 


345 


Santiago Derqui, Min- 
ister of Foreign 


Benjamin C. Yancey, 
U. S. Minister Resi- 


April 20, 1859 


688 




Affairs of Argentina 


dent in Argentina 






346 


Same 


Lewis Cass, Sec. of State 


May 2, 1859 


690 


347 


Benjamin C. Yancey, 
U. S. Minister Resi- 
dent in Argentina 


Santiago Derqui, Minis- 
ter of Foreign Affairs 
of Argentina 


May 10, 1859 


Gyi 


348 


Same 


Same 


May 12, 1859 


691 


349 


Same 


Lewis Cass, Sec. of State 


May 13, 1859 


692 


350 


Same 


Same 


May 20, 1859 


694 


351 


Elias Bedoya, Acting 
Minister of Foreign 


Benjamin C. Yancey, 
U. S. Minister Resi- 


May 23, 1859 


697 




Affairs of Argentina 


dent in Argentina 






352 


Benjamin C. Yancey, 
U. S. Minister Resi- 


Lewis Cass, Sec. of State 


May 26, 1859 


698 




dent in Argentina 








353 


Same 


Elias Bedoya, Acting 
Minister of Foreign 


May 27, 1859 


702 






Affairs of Argentina 






354 


Same 


Lewis Cass, Sec. of State 


June 10, 1859 


712 


355 


Same 


Same 


June 23, 1859 


713 


356 


Same 


Same 


July 20, 1859 


721 



LIST OF DOCUMENTS IN VOLUME I 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued} 



xxxv 



Doc. 
No. 


From 


To 


Date 


Page 


357 


Benjamin C. Yancey, 


James Buchanan, Presi- 


Aug. 22, 1859 


724 




U. S. Minister Resi- 


dent of the U. S. 








dent in Argentina 








358 


George Lee Brent, U. S. 


Lewis Cass, Sec. of State 


Oct. 28, 1859 


731 




Charge d'Affaires ad 










interim at B uenos Air es 








359 


Same 


Same 


Nov. 14, 1859 


732 


360 


John F. Cushman, 


Same 


Dec. 23, 1859 


733 




U. S. Minister Resi- 










dent in Argentina 








361 


Same 


Same 


Same 


734 


362 


Same 


Same 


Jan. 7, 1860 


735 


363 


Same 


Same 


Feb. 21, 1860 


736 


364 


Santiago Derqui, Con- 
stitutional President 


James Buchanan, Presi- 
dent of the U. S. 


March 7, 1860 


738 




of the Argentine 










Confederation 








365 


John F. Cushman, 


Lewis Cass, Sec. of State 


March 17, 1860 


739 




U. S. Minister Resi- 










dent in Argentina 








366 


Same 


Same 


March 20, 1860 


740 


367 


Emilio de Alvear, 




April 10, 1860 


741 




Minister of Foreign 










Affairs of Argentina: 










Circular to the foreign 










diplomatic agents at 










Parana 








368 


John F. Cushman, 


Lewis Cass, Sec. of State 


April 15, i860 


744 




U. S. Minister Resi- 










dent in Argentina 








169 


Same 


Emilio de Alvear, Minis- 


April 1 6, i860 


747 






ter of Foreign Affairs 










of Argentina 






V70 


Emilio de Alvear, 


John F. Cushman, U. S. 


April 20, 1860 


747 




Minister of Foreign 


Minister Resident in 








Affairs of Argentina 


Argentina 






371 


John F. Cushman, 


Lewis Cass, Sec. of State 


April 23, 1860 


75 1 




U. S. Minister Resi- 










dent in Argentina 








3,72 


Same 


Emilio de Alvear, 


Same 


752 


Of 




Minister of Foreign 










Affairs of Argentina 






373 


Same 


Lewis Cass, Sec. of State 


May 15, 1860 


755 


374 


Same 


Same 


May 22, i860 


756 


375 


Same 


Same 


June 12, 1860 


758 


376 


Same 


Same 


June 28, i860 


759 


377 


Same 


Same 


July 28, i860 


760 


378 


Same 


Same 


Aug. 1 8, 1860 


762 



XX XVI LIST OF DOCUMENTS IN VOLUME I 

PART II. COMMUNICATIONS FROM ARGENTINA (Continued] 



Doc. 

No. 


From 


To 


Date 


Paj 


379 
380 


John F. Cushman, 
U. S. Minister Resi- 
dent in Argentina 

Same 
Same 


James Buchanan, Presi- 
dent of the U. S. 

Lewis Cass, Sec. of State 
Same 


Aug. 20, 1860 

Sept. 15, 1860 
Sept. 19, 1860 


* 


382 
383 


Same 
Same 


Same 

Emilio de Alvear, Minis- 
ter of Foreign Affairs 
of Argentina 


Oct. 13, i860 
Oct. 1 6, 1860 


7( 


384 


Emilio de Alvear, Min- 
ister of Foreign 
Affairs of Argentina 


John F. Cushman, U. S. 
Minister Resident in 
Argentina 


Oct. 26, i860 


7< 


385 


John F. Cushman, 
U. S. Minister Resi- 
dent in Argentina 


Lewis Cass, Sec. of State 


Nov. 10, 1860 


7( 


386 


Same 


Same 


Nov. 20, 1860 


76 


387 


Same 


Same 


Dec. 10, 1860 


7( 



NOTE 

The idiosyncrasies of spelling, punctua- 
tion, capitalization and grammar of the 
original manuscript stand uncorrected 
in this print, except in case of manifest 
and inadvertent error, where the cor- 
rection could in nowise affect the sense. 



PART I 

COMMUNICATIONS TO ARGENTINA 



COMMUNICATIONS TO ARGENTINA 



Martin Van Bur en, Secretary of State of the United States, to John M. Forbes, 
United States Charge a" Affaires at Buenos Aires 1 



No. 15 



WASHINGTON, February 10, 1831. 



SIR: Herewith you will receive translations of a decree of the Buenos 
Ayrean Government, dated 10^ June, 1830 [i829?], 2 and a circular letter 
without date, from Lewis Vernet, "Governor of the Falkland Islands, includ- 
ing Terra del Fuego and adjacencies," both recently published in the news- 
papers of this country, together with the copy of a letter from Mr. F. Trum- 
bull to Mr. Noyes Barber, of the House of Representatives, which that 
gentleman has communicated to this Department, complaining of the in- 
jurious effect of the decree in question, and of the measures adopted by 
Governor Vernet, in pursuance thereof, upon the rights and interests of a 
numerous and valuable class of our citizens, extensively engaged in the 
whale and seal fisheries on the coasts and shores of those Islands. 

It appears from the decree, that the Government of Buenos Ayres asserts 
a claim to the Falkland Islands, and all others near Cape Horn, including 
that of Terra del Fuego, upon the ground that they were formerly occupied 
by Spanish subjects, were incorporated in the Vice Royalty of Rio de la 
Plata under the Spanish Monarchy, and that the said Government succeeded 
to all the rights of that Vice Royalty, as a necessary consequence of the 
revolution of 25^ May, 1810, which rendered it independent of that Mon- 
archy. The decree accordingly provides for the civil and military Govern- 
ment of the said Islands, by officers to be appointed by the Buenos Ayrean 
Government, fixes the residence of the officers to be so appointed on the 
Island of Soledad, and invests them with authority to see to the execution 
of the regulations concerning the fisheries upon the coasts of these Islands, 
without defining the character or nature of those regulations. The principal 

1 Instructions, American States, vol. 14. 

Martin Van Buren, of New York, who signed this instruction was commissioned Secretary 
of State on March 6, and entered upon duties March 28, 1829. Heresigned on April 7, and 
retired May 23, 1831; he was subsequently commissioned envoy extraordinary and minister 
plenipotentiary to Great Britain on August 1 , 1 83 1 ; from which post he took leave on March 
19, 1832, his appointment not having been confirmed by the Senate. He later became Presi- 
dent of the United States (1837-1841). 

John M ; Forbes, of Florida, to whom this instruction was addressed, had been com- 
missioned in 181 1 , while consul at Copenhagen, one of four special ministers charged with the 
matter of spoliations committed under the Danish flag on the commerce of the United States. 
He was commissioned secretary of legation at Buenos Aires on January 27, 1823; acted as 
charge d'affaires from June 10, 1824; and was commissioned charge d'affaires on March 9, 
1825. He died at his post on June 14, 1831. 

2 This decree is mentioned 'as 'of June 10, 1829, in the documents sent by the Consul at 
Buenos Aires. See below, this volume, pt. il, doc. 50, note 3, p. 83. The instruction to 
Baylies of January 26, 1832, below, this part, doc. 2, gives the year as 1829. 



4 PART I: COMMUNICATIONS TO ARGENTINA 

object of the circular letter of Governor Vernet, which is stated by M? 
Trumbull to have been communicated to the Captains of American vessels, 
four or five in number, lately in that region, is evidently intended as a warn- 
ing to these Captains and others, engaged in the whale and seal fisheries there, 
to desist from the use of those fisheries, though they have heretofore always 
been considered as entirely free to that of all nations whatever, and as the 
exclusive property of none. 

Under these circumstances, it is the wish of the President to be made 
acquainted, in a more authentic form, with the measures which have been 
actually adopted by the Buenos Ayrean Government, in relation to this im- 
portant concern and you will, accordingly, make the necessary inquiries upon 
the subject, and communicate the result to this Department. In the mean- 
time, it is moreover the wish of the President, that you should address 
an earnest remonstrance to that Government, against any measures that 
may have been adopted by it, including the decree and circular letter re- 
ferred to, if they be genuine, which are calculated in the remotest degree to 
impose any restraints whatever upon the enterprise of our citizens, engaged 
in the fisheries in question, or to impair their undoubted right to the freest 
use of them. The Government of Buenos Ayres can certainly deduce no 
good title to these Islands, to which those fisheries are appurtenant, from 
any fact connected with their history, in reference to the first discovery, 
occupancy, or exclusive possession of them by subjects of Spain. 

I am [etc.]. 



Edward Livingston, Secretary of State of the United States, to Francis Baylies, 
United States Charge d 1 Affaires at Buenos Aires 1 

No. 2 WASHINGTON, January 26, 1832. 

SIR: Having, by the President, by and with the advice and consent of the 
Senate, been appointed Charge" d 'Affaires to the Republic of Buenos Ayres, 
you will embark as speedily as possible for the place of your destination, in 
the United States' sloop of war, the Peacock, now lying at Boston. 

On the ordinary duties you will have to perform as charged with the politi- 
cal interests of your Government, and the protection of your fellow citizens 
in their lawful intercourse with the country to which you are sent you need no 

1 Instructions, American States, vol. 14. 

Edward Livingston, of Louisiana, who signed this instruction, was commissioned Secretary 
of State by President Jackson on May 24, 1831 . Later he was commissioned envoy extraor- 
dinary and minister plenipotentiary to France on May 29, 1833, retiring that day as 
Secretary of State. He asked for his passports and withdrew on April 28, 1835, under 
instructions from the President. 

Francis Baylies, of Massachusetts, to whom this instruction was addressed was com- 
missioned charge d'affaires on January 3, 1832. He received his passports September -\, 
1832. 



larticular instructions: Your general knowledge of the subject, the 'perusal 
f the instructions to your predecessors, and their correspondence with the 
rovernment, will be sufficient guides in that part of your duties. 

There are, however, subjects in the relations between the two countries, 
m which it is necessary to put you more particularly in possession of the 
iews of your Government some of which subjects, for your negotiations, 
nil require the exercise of that discretion, industry, and talent you are 
:nown to possess, and which led to your selection for the present mission. 

i. The first of these to which it is necessary to call your attention, are the 
cts and pretensions of an individual at the Falkland Islands, pretending 
o, or really possessing authority under the Government to which you are 
ent. 

A certain Lewis Vernet, who appears to have formed an establishment at 
ioledad, one of the Falkland Islands, has, within a few months past, cap- 
ured three American vessels, the Breakwater, the Harriet of Stonington, 
.nd the Superior of New York, under pretence that they had infringed some 
inknown laws of the Republic of Buenos Ayres, for the protection of the 
isheries. By the affidavit of William Mitch el, copy of which is annexed, 1 
b appears that two of the vessels so captured, have, without any form of trial, 
>een appropriated to the use of Vernet, and fitted out with the avowed de- 
ign of making them the instruments of further aggressions on the property 
if citizens of the United States pursuing their lawful commerce and business 
n those seas. 

A copy of Vernet's circular to the masters of vessels arriving at the Falk- 
and Islands, with a copy of the decree, real or pretended, under which 
ic professed to act, has also been forwarded to the Department, by a person 
n Philadelphia, (L. Krumbhaar,) supposed to be the partner, but certainly 
;he correspondent, of Vernet. His letter, with Vernet's circular, and copy 
>f the decree, are also annexed for your information. 

The lawless and piratical nature of these acts, could not permit the Presi- 
lent for a moment to believe that they were authorized by a friendly power, 
rhis persuasion was strengthened by the circumstance, that, at the date of 
:he alleged decree put forth by Vernet as his authority, we had an accredited 
Ygent at the Republic of Buenos Ayres, who was, at the time, in active 
:orrespondence with that Government, and with this Department, whose 
lespatches bearing date within a few days after that of the pretended decree, 
ire entirely silent on the subject. 

There are other reasons for doubting the authenticity of this paper. At 
:he time it bears date, the Government was engaged in a perilous civil war, 
vith an enemy in the immediate vicinity of the city, which was terminated 
mly a few days after by a revolution changing their form of Government, as 

1 No copies of any of the documents, said to have been enclosed with this instruction, are 
vith the Department's file copy of it. This statement will apply to practically all instruc- 
ions, especially during the period covered by the present publication. 



PART I : COMMUNICATIONS TO ARGENTINA 



well as their Governors. The decree is in the name of a Governor Delegate, 
appointed during the absence of the regular Chief, without the assistance of 
the Council of Government. 

At this time, (the lo*. 11 June, 1829,) we were on the most friendly terms 
with the Government of Buenos Ayres. It was known there, that, from the. 
earliest period of our political existence, our citizens engaged in the fisheries 
had resorted to the Falkland Islands for shelter, for such necessaries as it 
[sic] afforded, and for the purpose of carrying on their business on its shores, 
and in its harbors, and bays; and it is entirely inconsistent with this knowl- 
edge and those friendly dispositions, that powers should have been given to 
an individual, and that individual not a citizen of the country, to interrupt 
this trade at his pleasure, and even making it his interest so to do at the 
same time that the decree was kept secret from the Agent of our Government 
who was on the spot. 

With these reasons for believing the pretence of a decree a mere color for 
piratical acts, the President has directed the Secretary of the Navy to send 
all the force he could command to those seas, with the orders of which a copy 
is annexed to these instructions: And he also communicated the representa- 
tions he had received, and the measures he had adopted in consequence of 
them to Congress by a Message, copy of which is also annexed . 

This statement of facts puts you in possession of the position of this 
important affair, at this period. 

While the Executive takes measures for the immediate protection and 
relief of our fellow-citizens, it will be your duty, first, to justify these meas- 
ures to the Government of Buenos Ayres in case you should find, on your 
arrival, that the authority set up by Vernet has really been given to him, and 
is avowed by the Government and afterwards to place our claim to the 
fisheries in a proper point of view, and secure it from future interruption, by 
a formal acknowledgement of our right, and by procuring proper stipulations 
guarantying its undisturbed exercise hereafter. 

The directions from the Navy Department, dated 29^ November, 1831, 
are general "to afford protection to our citizens engaged in the fisheries, 
and in their lawful commerce, and particularly if they are molested in their 
usual pursuits and trade." 

The orders given on the 4*. h January are in answer to a request by the 
commander of the squadron for more particular instructions. The cir- 
cumstances of the case are there stated, and the orders given in consequence 
of them, are infinitely more moderate than those circumstances would have 
justified. The Commander is to inquire whether the acts have been done 
under the allegation of authority from the Government; and, in that case, he 
is merely directed to prevent our ships from capture, to retake those that 
have fallen into the hands of Vernet, and keep them until the return of a 
despatch vessel he is ordered to send to you for instructions. The most 



suppose unauthorized : But the more moderate and friendly course has been 

pursued. There was a possibility that Vernet might, under false 

pretences, have obtained from the Delegate Governor, the decree which he 
sets up as his authority, and being vested ostensibly with a national charac- 
ter, we thought it right before proceeding further, to ask for a disavowal 
of the acts in which we must suppose he has exceeded his powers. You will 
not fail to cause the friendly spirit which dictated this course to be perceived, 
and duly appreciated, before you proceed to demand a disavowal of the acts 
of Vernet, and restoration, with indemnity of the property he has seized. 
This you are to do on the following grounds : 

First That without entering here into the question of right, which will 
be hereafter discussed, the seizure of our vessels cannot be justified under 
the decree from which Vernet pretends to derive his authority because, at 
the period he was so appointed, we were in actual use of the shores, bays, and 
harbors, of those Islands for the purposes of shelter and fishery. We had 
been in such use for more than fifty years undisturbed when there were 
settlements on the Island unmolested when there were none. We had, in 
consequence of this undisturbed use, increased our capital employed in the 
fisheries, and had good reason to believe that whatever right any nation 
might have to interfere with a use so extensively important to us, and so long 
enjoyed, that we should specially be informed of such conflicting claim more 
especially if the claim were set up by a friendly nation with whom we were 
then connected in the usual diplomatic intercourse, and who, not being igno- 
rant that we had made this use of the shores they claimed, had suffered us 
uninterruptedly, and without asking any permission, to enjoy it as a common 
right. To give the first notice of such interfering claim by a seizure and 
confiscation of our vessels unsuspectingly engaged in what they deemed a 
lawful occupation, partakes more of a hostile act than of the assertion of a 
right as used among civilized nations. 

Still stronger would be the reasoning if the act is considered not as one 
emanating from the immediate authority of the Nation for the assertion of a 
public right claimed by them, but as the delegation of an authority to an 
individual to exercise that national right at his own discretion, and for his 
own benefit, in the manner claimed by the person who has, as we think, 
abused the authority if any, and whatever it may be, that has been vested 
in him. 

The decree in question, supposing it to be authentic, is dated the 10^ 
of June, 1829. Mr. Forbes, our Charge d' Affaires, was then in Buenos 
Ayres. Had the decree been communicated to him had he been told that 
the Islands could no longer be made use of in the accustomed manner, under 



8 PART I : COMMUNICATIONS TO ARGENTINA 

the penalty of confiscation of the vessels resorting there, he would have com- 
municated the information to his Government, and measures would have 
been taken to inquire into the right, and, if it were acknowledged, to warn our 
citizens that it ought to be respected. Nothing of this kind was done, and 
our ships are seized and confiscated for the violation of a right, (supposing it 
to be one,) of which our Government had no notice, and our citizens no 
warning. 

Should it be said, in answer to this branch of the argument that the decree 
in question was published in the gazette of the day, at Buenos Ayres, (which 
is not, however, believed, as Mr. Forbes, very minute in his general cor- 
respondence, takes no notice of it,) and should this prove to be the fact, the 
reply is easy: First the communication ought to have been special. It in- 
terfered with an existing and most extensive use, and, therefore, not only a 
friendly disposition, but absolute justice, required that express notice should 
be given of an intent to interfere with this use. Secondly the communica- 
tion of the decree, supposing the publication a sufficient notice, would not 
inform us of the interpretation that was practically to be put upon it. The 
preamble asserts a possession by Spain on the lo*. 11 May, 1810, of the Falk- 
land Islands, and of all the others near Cape Horn, including that of Terra 
del Fuego, and derives the right in the Republic to them, as forming part of 
the Vice Royalty of the Rio de la Plata by the effect of the revolution. It 
then erects those Islands into a military and civil Government directs that 
the residence of the Governor shall be on the Island of Soledad, on which a 
battery is to be erected under the flag of the Republic, and directs him (the 
Governor) to enforce the laws of the Republic on the inhabitants, "and to see 
to the execution of the regulations of the fishery on all the coasts of the 
same." What those regulations are, is not even hinted at: Did they apply 
to the inhabitants only? Such would be the natural construction. Did 
they exclude foreigners from the right of fishery? If so, some notice, some 
motive for inquiry, ought to have been given. The law of Nations founded 
in the principles of justice, requires that a right enjoyed for more than half a 
century, even if only by tacit permission, be not withdrawn without notice, 
much less ought any penalty to be enforced for the exercise of it before such 
notice. Thus, even supposing the right of the Buenos Ayrean Government 
to be uncontroverted, we have a just cause to complain of the seizure of our 
vessels, and to demand restoration and indemnity. But our cause of com- 
plaint is rendered more apparent from the manner in which their officer, 
supposing him to be such, has executed this pretended right of seizure and 
confiscation. Without trial, without evidence, he has imprisoned the crews, 
and converted the vessels and cargoes to his own use. He has done this 
after enticing them into his port by the offer of supplies and assistance, and 
as far as appears, without any allegation of a breach of their fishery laws. 



DOCUMENT 2: JANUARY 26, 1832 9 

or on what coasts, are all objects of serious inquiry, and must form an im- 
mediate object of your research. 

Without any precise information on that subject, your instructions must 
be hypothetical; to remonstrate against them, should they be found to con- 
travene rights which we think ourselves entitled to by the laws of Nations. 
These will be briefly explained as applicable to the subject, and to the 
circumstances of the two Nations. 

The right of fishery, considered as to the place in which it is to be ex- 
ercised, is that which is carried on solely on the high seas out of the juris- 
diction of any nation That which is carried on on the high seas, but within 
the distance of the shore belonging to another nation which gives to it a 
customary jurisdiction within bays of the sea included by an ideal line 
drawn from one headland to another none of which require the use of the 
shores for the drying or preparing of the animals taken from the sea and, 
finally, those fisheries which require the use of the shore for some of the 
operations necessary for the fishery, either to haul the seines, or to prepare, 
or dry the fish. 

The ocean fishery is a natural right which all nations may enjoy, in 
common. Every interference with it by a foreign power is a national wrong. 
When it is carried on within the marine league of the coast which has been 
designated as the extent of national jurisdiction, reason seems to dictate a 
restriction, if, under pretext of carrying on the fishery an evasion of the 
revenue laws of the country may reasonably be apprehended, or any other 
serious injury to the Sovereign of the coast, he has a right to prohibit it; but 
as such prohibition derogates from a natural right, the evil to be apprehended 
ought to be a real, not an imaginary one. No such evil can be apprehended 
on a desert and uninhabited coast therefore such coasts form no exception 
to the common right of fishery in the seas adjoining them. All the reasoning 
on the subject of the ocean, applies to the large bays the entrances to which 
cannot be defended. 

As to the use of the shores for purposes necessary to the fishery, that de- 
pends on other principles. When the right of exclusive dominion is un- 
disputed, the sovereign may, with propriety, forbid the use of them to any 
foreign Nation: provided such use interferes with any that his subjects may 
make of them; but where the shore is unsettled and deserted, and the use of 
it, of course, interferes with no right of the subjects of the power to which it 
belongs, there it would be an infringement of the right to the common use of 
the shores, as well as of the ocean itself, which all nations enjoy by the laws 
of Nature, and which is restricted only by the paramount right which the 
sovereign of the soil has to its exclusive use, where the convenience or interest 
of his subjects require it, or when he wishes to apply it to public purposes. 
It is true that he is the judge of this interest of his subjects, and of the 
necessity of using it for his public purposes, but justice requires that where 



10 PART I: COMMUNICATIONS TO ARGENTINA 

no such pretension can be made, the shores as well as the body of the ocean, 
ought to be left common to all. 

These principles seem to have dictated the articles in the treaties between 
the United States and England. The third article of the treaty of peace 
of 1782, declares that the people of the United States shall continue to enjoy, 
unmolested, the right to take fish on the Grand Bank, &c. and to dry and cure 
their fish in any of the unsettled bays, harbors, and creeks of Nova Scotia, 
Magdalen Islands, and Labrador, so long as the same shall remain unsettled; 
but that when settlements are made, then they cannot enjoy the right with- 
out a previous agreement with the inhabitants, or possessors of the soil. In 
the treaty of Utrecht, too, France is allowed the use of the unsettled shores, 
for the purpose of drying fish, by certain metes and bounds. But the most 
remarkable treaty on this subject, is that entered into between Great Britain 
and Spain in 1790, by which the latter power stipulates not to make any 
settlements on either the Pacific or the Atlantic shores of America further 
south than those which were then made. A copy of this treaty, taken from 
a book printed in Spain in the year 1801, by authority, entitled " Coleccidn de 
los Tratados," &c. is herewith delivered to you. This stipulation is clearly 
founded on the right to use the unsettled shores for the purpose of fishery, &c. 
and to insure its continuance. 

But where the unsettled shore, although under the nominal sovereignty of 
one nation, is in fact possessed by independent uncivilized tribes, the right 
to exclude other nations from the use of the shores, stands on a much less 
stable footing. This is the case with all the continent of South America to 
its extremity, from the Rio Negro or Rio Saules, in latitude 41, and also 
with the adjacent islands of Terra del Fuego and Staten land. On the 
Pacific side, the Arancaunians [Araucanians], and on the Atlantic the 
Puelches, Patagonians, and other tribes, are perfectly independent. To the 
common use of these shores, therefore, there can be no reasonable objection. 

How far the present Government of Buenos Ayres is entitled to the extent 
of territory necessary to establish a right over these fisheries, even supposing 
them to be attached to the Sovereignty of the country, is another important 
question to which your attention must be turned, and which we have not 
the means of determining here. The Vice Royalty of Buenos Ayres under 
the Spanish Government comprehended several provinces on both sides of the 
La Plata, these now form separate Governments as far as their unsettled state 
will allow us to judge of their condition: But that Patagonia was ever in- 
cluded in the Province of Buenos Ayres proper, is not believed. A project 
was formed by the Spaniards in 1778 of forming settlements there, but al- 
though the settlers came out to Monte Video, the project was abandoned, 
and the whole of the continent, and Islands of Terra del Fuego and Staten 
land remain as unsettled and desert now as they were found at the time of 
their discovery. 



From the foregoing facts, and principles applicable to them, you are 
instructed to press, in the negotiation you are authorized to open on the 
occasion, 

1. The perfect right of the United States to the free use of the fishery 
on the ocean, in every part of it, and on the bays, arms of the sea, gulfs, and 
other inlets, which are incapable of being fortified. 

2. To the same perfect right on the ocean within a marine league of the 
shore, when the approach cannot be injurious to the sovereign of the country, 
as it cannot be on the shores which are possessed by savage tribes, or are 
totally deserted, as they are to the south of the Rio Negro. 

3. To the same use of the shores when in the situation above described. 

4. That even where a settlement is made, and other circumstances would 
deprive us of the right, that a constant and uninterrupted use will give it 
to us. 

It cannot be denied that the United States, since the beginning of their 
independent political existence, and even while they were colonies, were, in 
common with other nations, in the undisturbed enjoyment of the whale and 
seal fishery, with the knowledge of Spain and this, it is believed, applies 
particularly to the Falkland Islands and at times when there were settle- 
ments on them as well as when they were deserted. 

The object of establishing these points is to embody them into a treaty 
which you have herewith a full power to negotiate and conclude. The 
articles on this subject must acknowledge our right to the fisheries on the 
shores while they remain unsettled, and you may fix a certain extent from 
each settlement, not to exceed ten leagues each way. 

With respect to the vessels seized by Vernet, if his acts are avowed, you are 
to justify their recapture, (if they have been taken by our squadron,) and 
demand their restitution if they have not, on the grounds herein before stated 
to show the irregularity of his proceedings, and if his acts are disavowed, you 
are to give orders to the commander of the squadron to break up the settle- 
ment and bring him to Buenos Ayres for trial. 

You will, in your demands on the subject of the fisheries, use firm but not 
irritating language. The President is fully sensible of the difficult situations 
in which the internal troubles of the Republic have placed its Government, 
and he does not attribute to an unfriendly disposition, acts that, in ordinary 
times, might wear such an aspect but he expects, from the similarity of our 
republican forms, and from a recollection of our early recognition of their 
independence, and our uniformly amicable disposition since, that, on consid- 
eration of our complaints, full justice will be done to our citizens, and that 
measures will be taken to meet the disposition he feels, for a strict commercial 
union on principles of perfect reciprocity. 

At several periods, M? Forbes was invited by that Government to form 
such a treaty, as you will find from a perusal of his correspondence with the 



12 PARTI: COMMUNICATIONS TO ARGENTINA 

Department. It is hoped that the same disposition still continues, and, if 
such be the case, you are to proceed, without delay, to the formation of a 
treaty of amity and commerce, of which the basis is to be perfect reciprocity 
between the contracting parties no advantage asked or conceded with 
respect to third parties the freedom of commerce in time of war, as con- 
tained in the treaties we have concluded with other American Republics: 
that with Central America you may take as your model. 

There are several claims of American citizens against the Government of 
Buenos Ayres, some of which are unsettled others, although liquidated, are 
unpaid. You will find all of them referred to in the correspondence of the 
Department with Mr. Forbes, or Mr. Rodney, and you are instructed to 
press for the liquidation and payment of these demands, with earnestness. 
If the finances of the Republic will not admit of immediate payment, the 
settlement of such as are unliquidated should be made, and secure funds 
provided for their payment at a future day. 

One of these claims, that of M T . Halsey, stands on a different ground from 
all the rest, and its peculiar circumstances, as well as the magnitude of the 
sum, its importance to him, and the great expense, vexation, and loss of time, 
he has incurred in prosecuting it, call for particular attention to it. In addi- 
tion to the papers in the archives relating to this claim, his own explanations 
of its circumstances to you, personally, have put you in possession of all its 
particulars, and you will urge its satisfaction, as a matter which justice, as 
well as the amicable relations of the two countries require. You are more 
particularly referred, in this case, to despatch N? 16, from this Department, 
a copy of which is herewith transmitted for your guidance. 

I am [etc.]. 



Edward Livingston, Secretary of State of the United States, to Francis Baylies, 
United States Charge d' Affaires at Buenos Aires 1 

No. 3 WASHINGTON, February 14, 1832. 

SIR: Despatches have this day been received from M? Slacum, our Consul 
at Buenos Ayres, by which it appears that one of the vessels captured by 
Vernet, the Harriet, had arrived as a prize at that place. She was claimed 
by Mr. Slacum, with damages, but under pretence that the facts had not been 
examined into. She was detained at the date of his last letter, the o^ z of 
December. 

About the time of the arrival of the schooner, the United States' sloop of 
war Lexington, Captain Duncan, put into Buenos Ayres, and after waiting 

1 Instructions, American States, vol. 14. 

2 See below, this volume, pt. 11, doc. 47. 



DOCUMENT 3: FEBRUARY 14, 1832 13 

some days for the answer of that Government, sailed, as we understand by 
advices from Montevideo, to the Falklands with the purpose (avowed to the 
Government of Buenos Ayres,) of protecting our commerce, and disarming 
the band whom Vernet had left with orders to seize all Americans who might 
be found there. 

Should this purpose be executed, you are to justify it not only on the 
general grounds in your instructions, but on the further facts disclosed in the 
protest of the Captain of the Harriet, which show the lawless, and indeed 
piratical, proceedings of Vernet and his band Imprisoning the crews 
leaving part of them on desert islands sending others to distant foreign 
ports refusing them the liberty to come with their vessel to the port where 
he sends her for condemnation forcing others into his service encouraging 
desertion from our vessels robbing those which he seized of their cargoes, 
and selling them for his own use, without any form of trial or show of author- 
ity from the Government of Buenos Ayres for such acts and, finally, 
robbing shipwrecked mariners of the United States, and forcing them, by 
threats, into his service. These facts, which are clearly stated in the pro- 
tests, and the further characteristic of his settlement, that it is composed of 
deserters from our ships, and renegadoes from all nations, governed by no 
laws but the will of Vernet, show clearly that it is an establishment, danger- 
ous to our commerce, which it is necessary in self-defence that we should 
break up. Whether the Government of Buenos Ayres have a title to the 
jurisdiction of the Islands, or have not if they have the jurisdiction, they 
have no right so to use it as in any way to interfere with our right of fishery, 
established by long usage; but above all to use it in the irregular manner 
stated in the affidavits which they do not repress : and whether the omission 
proceeds from the want of means, or of inclination, the obligation of our 
Government to protect its own citizens, in either alternative, is equally 
imperative. 

You are particularly further instructed to use all your endeavors to prevent 
this incident from becoming an obstacle to the formation of a commercial 
treaty; and if no other expedient offers, you may insert an article declaring 
that not being able to agree, the subject is referred for future negotiation, 
but, in the mean time, we shall enjoy the right to the fisheries, as now prac- 
tised. This, however, is not to be resorted to unless it is found impossible 
to procure a treaty on any other terms. 

The additional information just received renders your presence at the 
place of your destination more necessary: And the President therefore directs 
me to say, that, the vessel for your conveyance being ready, he expects that 
you will embark without delay. 

With best wishes for your speedy voyage, and a successful issue to your 
mission, I am [etc.]. 



j4 PART I: COMMUNICATIONS TO ARGENTINA 

4 

Edward Lmneston, Secretary of State of the United States to Francis Baylies, 
United States Chargi d 'Affaires at Buenos Aires 1 

No. 6 WASHINGTON, April j, 1832. 

SIR: The Department has received intelligence which will have met you 
on your arrival at Buenos Ayres, of what was done by Captain Duncan at the 
Falkland Islands. It is proper you should, as soon as possible, know that the 
President has signified to Captain Duncan that he entirely approves of his 
conduct under the circumstances which he details. 

According to that statement, the proceedings of Vernet and his band, have 
no circumstance that can distinguish them from piratical acts. Vessels, the 
property of our citizens, were forcibly seized the crews imprisoned the 
cargoes plundered the seamen forced by starvation to enter into the service 
of the captors and even property saved from shipwreck seized and appro- 
priated to their use. The nature of the establishment, without any legal 
organization, and its population composed of deserters from all nations, and 
the inability, or neglect, of the country, (whose citizens they claimed to be,) 
to restrain their excesses, made it proper and necessary to break it up, and 
deprive it of the means of annoying our commerce. You will, therefore, 
justify the acts of Captain Duncan to the Buenos Ayrean Government: 

1. In seizing and sending to the United States the persons most active in 
the outrage against our citizens to be tried as pirates the acts of which they 
were guilty coming strictly within the definition of that crime. Even if they 
had (which they had not,) authority to seize vessels which had infringed the 
laws of the Republic for the protection of their fisheries, they are pirates for 
making them the color for an unlawful appropriation to their own use with- 
out the form of trial. 

2. In depriving the establishment of the means of a future annoyance to 
our commerce. This right is a corollary from that of seizing the offenders. 

3. The removal of the inhabitants. This being done at their own request 
cannot be considered as an injury. 

Independently of the necessity of taking these measures from the nature of 
the aggressions, and the great amount of property at stake, you will justify it 
from the refusal to give any orders to prevent the evil, when Captain Duncan 
and our Consul made the application before the Lexington sailed from Buenos 
Ayres for the Falkland Islands. 

If the men taken by Captain Duncan should not have been sent on for trial 
before this reaches you, you will inform the Government that they will go 
with a vessel to be despatched for that purpose; and you will expedite them 
accordingly, unless you should find a disposition to enter into an arrangement 
by which, on the one hand, full reparation shall be made to our citizens 
Instructions, American States, vol. 14. 



DOCUMENT 5a: JULY 29, 1834 15 

who have been injured, and a stipulation not to interfere with our fisheries 
in the extent they have heretofore been enjoyed and, on the other, the 
restoration of the prisoners which arrangement you are authorized to 
conclude. 
I am [etc.]. 



Daniel Brent, Acting Secretary of State of the United States, to Manuel Vicente 
de Maza, Acting Minister of Foreign Affairs of Argentina 1 

WASHINGTON, October 18, 1832. 

SIR: Charged, temporarily, with the administration of this Department, 
I had the honor on the 4th of this month, in the absence of the President, to 
receive the official letter which you were pleased to address to Mr. Living- 
ston, the Secretary, on the 8th of August, of the present year, 2 and I will 
take the earliest opportunity upon the return of the President to this 
Capital, to submit it to his consideration. In the mean time I cannot 
refrain from expressing the surprize which I felt, in rinding that you had 
thought proper to address your communication directly to the head of this 
Department, while the Government of the U. S. had an accredited Agent 
near that of your Excellency. I forbear, however, saying more upon the 
present occasion, than to repeat the assurance, above given, that I will take 
the earliest opportunity to submit your despatch to the President and to 
state, before hand, in his behalf, as I feel myself warranted in doing, that 
whilst he would view with the deepest concern and regret, any circumstance 
calculated to affect, in the remotest degree, the very friendly and cordial 
relations heretofore subsisting between the U. S. and Buenos Ayres, nothing 
will ever be omitted on his part, consistently with the honor and interests 
of his constituents, to maintain unimpaired and to strengthen those relations. 

I take great pleasure [etc.]. 



5a 3 

John Forsyth, Secretary of State of the United States, to Manuel Vicente de 
Maza, Acting Minister of Foreign Affairs of Argentina 4 

WASHINGTON, July 29, 1834. 

SIR: Your Excellency's predecessor having some time ago acquainted this 
Department, that the Government of the Argentine Republic had appointed 
an Envoy Extraordinary to proceed to the United States, as a means of 

1 Notes to Foreign Legations, vol. 5. _ 2 Below, this volume, pt. n, doc. 74. 

3 Due to late discovery of this document in the files of the State Department, the number 
5a was given to it. 

4 Communications to Foreign Sovereigns and States, vol. I. 



1 6 PART I: COMMUNICATIONS TO ARGENTINA 

avoiding the difficulties which might otherwise arise to prevent that frank 
and liberal course of conduct between the authorities of the two countries 
which is so essential to the interests of both, the President learnt with dis- 
appointment, that the departure of the mission which had been instituted 
with such proper motives, had been unavoidably delayed. The President 
desires me to acquaint you, however, for the information of your Govern- 
ment, that entertaining as he does the confident expectation, that the Min- 
ister will be authorized to make a satisfactory adjustment of the differences 
which have unhappily existed between the two Countries, and to establish 
the basis of intercourse and mutual good understanding, he will receive 
the mission with all the consideration due to its character and to the Re- 
public it represents. 

Without deeming it necessary, on this occasion to allude to the claims of 
either party, the President desires me further to state, that he will listen to 
any communication which the Government of the Argentine Republic may 
charge its Minister to make in a sincere spirit of accommodation. 

Considering it for the advantage of the commerce between the two 
Countries that a Consul of the United States should reside at Buenos Ayres, 
the President has appointed M? Eben Ritchie Dorr to that trust, as M? 
Slacum was not desirous of returning in that character. M? Dorr will have 
the honor of exhibiting to you his commission, for the purpose of obtaining 
an exequatur from the Government of the Argentine Republic, and he is 
charged at the same time with presenting this communication. 

I have the honor [etc.]. 



John Forsyth, Secretary of State of the United States, to Felipe Arana, 
Minister of Foreign Affairs of Argentina* 

WASHINGTON, March ip, 1835. 

The Undersigned, Secretary of State of the United States, has had the 
honor to receive the Note addressed to him by the Under Secretary for For- 
eign Affairs of the Argentine Republic, under date of the io*. h of December, 
last. 3 

The liberal and conciliatory spirit manifested by the President of the 
United States, in accrediting a Consul to the Argentine Republic, and in the 
whole tenor of the Note of the Undersigned to His Excellency the Minister 
of Foreign Affairs on that occasion, 4 ought to have prevented a contrary 

1 Due to late discovery of this document in the files of the State Department, the number 
50 was given to it. 

2 Communications to Foreign Sovereigns and States, vol. I. 

3 See below, this volume, pt. n, doc. 90a. 

4 The note referred to appears to be that dated July 29, 1834, above, this part, doc. 53.. 



DOCUMENT 5b: MARCH IQ, 1835 17 

construction being given to any particular part of that communication. 
As the President had caused it to be stated that he did not mean, on that 
occasion, to allude to the claims of either party, no unfavorable interpreta- 
tion could justly be put on the incidental mention of Mr. Slacum's not being 
desirous to return to Buenos Ayres. The conduct of the Executive of the 
Argentine Republic towards Mr Slacum having been one of the questions 
between the two Governments, the appointment of another Consul, which 
could not be made without revoking his Commission, would have appeared 
as a decision against him : but no inference connected with the question was 
to be drawn from such appointment on the fact of his having no desire to 
return. 

The President has seen with surprize the observations made by the 
Argentine Government upon the mention of that fact in the Note of the 
Undersigned; which, though they may be attributed to a misapprehension 
on the part of that Government, are not well calculated to promote the resto- 
ration of a good understanding between the two countries. 

Besides being surprized at the unexpected tone of those observations, the 
President has also reason to be disappointed at the extraordinary and un- 
explained delay that has taken place in sending to the United States the 
Minister whom, since October 1832, he has been led to expect, and at the 
vague terms in which the subject is mentioned in the note; leaving it alto- 
gether uncertain not only when the Minister is to be sent, but whether he is 
to be sent at any time. 

These circumstances, taken in connection, render it proper, in the opinion 
of the President, to ascertain at once the present views of the Argentine 
Government. The undersigned is therefore instructed to inquire when the 
Minister so long promised is to be expected. And, that the intentions of the 
Argentine Government may be early known to the President, the officer 
who will bear this despatch to the Minister of Foreign Affairs, is directed 
to wait a reasonable time, not exceeding fourteen days, for his Excellency's 
answer. At the expiration of that period he will leave Buenos Ayres, and 
the result will be transmitted, with all practicable expedition, to Washington. 

The Undersigned avails himself of this occasion to tender to His Excel- 
lency, the assurances of his distinguished consideration. 



1 8 PART I: COMMUNICATIONS TO ARGENTINA 



Aaron Vail, Acting Secretary of State of the United States, to Carlos Maria de 
Alvear, Argentine Minister to the United States 1 

WASHINGTON, October 26, 1838. 

M? Vail presents his compliments to General Alvear, and has the honor 
to acknowledge the receipt of his note of the 25th instant, requesting an 
interview for the purpose of explaining, pursuant to instructions from his 
government, the causes which have unfortunately interrupted the harmony 
of the relations between France and the Argentine Republic. 

MT Vail will accordingly be ready to receive General Alvear at the office 
of this Department at twelve o'clock, tomorrow, Saturday, the 2yth instant, 2 
and avails himself of this occasion to offer him renewed assurances of his 
great consideration. 



Daniel Webster, Secretary of State of the United Slates, to Carlos Maria de 
Alvear, Argentine Minister to the United States 3 

WASHINGTON, December 4, 184.1. 

The Undersigned, Secretary of State of the United States, has the honor 
to acquaint General Alvear, Minister Plenipotentiary and Extraordinary of 
the Argentine Confederation, that the President, desirous of removing every 
impediment in the way of a good understanding and of cultivating relations 
of perfect harmony between our two governments, has with that view taken 

1 Notes to the Argentine Republic, vol. 6. 

2 See memorandum of the conference dated October 27, 1838, below, this volume, pt. II, 
doc. in. A copy of the same memorandum is contained in this volume of Notes to the 
Argentine Republic. 

Aaron Vail, of New York, who signed this document was chief clerk of the Department. 
He was apparently Acting Secretary of State, presumably in the absence of the Secretary, 
who was at this time John Forsyth. Vail had been appointed chief clerk on June 26, 1 838. 
He resigned on July 15, 1840, to accept the position of charge d'affaires to Spain, to which he 
had been commissioned on May 20, 1840. His functions ceased on August I, 1842, sup- 
posedly on the arrival of the Minister, Washington Irving, who had been commissioned as 
such on February 10, 1842. Before being chief clerk, Vail had been commissioned secretary 
of legation in Great Britain, on August 1 , 1832, where he was left in charge March 19, 1 832 , on 
the retirement of Martin Van Buren whose appointment as minister had failed to be con- 
firmed by the Senate; and he was commissioned charg6 d'affaires on July 13, 1832. He was 
recommissioned secretary of legation on April 6, 1836. 

Carlos Maria de Alvear, minister plenipotentiary and envoy extraordinary from the 
Argentine Confederation, to whom the note was addressed, had been first received at the 
Department of State on October 9, 1824, as minister plenipotentiary from the Republic of 
Buenos Aires; but he retired the same month. On October n, 1838, he presented creden- 
tials as minister plenipotentiary and envoy extraordinary of the Argentine Confederation. 

3 Notes to the Argentine Legation, vol. 6. 

Daniel Webster, of Massachusetts, who signed this instruction was commissioned Secre- 
tary of State on March 5, 1841, continuing to act until May 8, 1843, when he resigned. 
Subsequently he was commissioned to the same post on July 22, 1850, and continued to 
hold it until his death, October 24, 1852. 



DOCUMENT 7: DECEMBER 4, 184! 19 

into consideration the note of General Alvear to M? Forsyth of the 2ist 
of March, 1839 , ] asking reparation for the conduct of Captain Duncan 
at the Falkland Islands in 1831, when in command of the United States 
sloop of war Lexington, and in respect to certain persons found by him there 
whom General Alvear claims to have been citizens of Buenos Ayres. 

The Undersigned has been directed to represent to General Alvear as the 
result of that consideration, that it is presumed the propriety of suspending, 
still further, a decision upon the application contained in his note will be 
obvious, even if, for argument's sake, it be allowed that Captain Duncan 
had no reason to doubt that the Argentine Government had, at the period 
mentioned, a Colony at the Falkland Islands and that his proceedings there 
and against the persons referred to took place notwithstanding that knowl- 
edge on his part; for it is notorious that Great Britain soon afterwards 
entered upon and has ever since continued in formal and actual possession 
of that territory, claiming under a previously existing right. The right of 
the Argentine Government, therefore, to jurisdiction over it being contested 
by another power, and upon grounds of claim long antecedent to the acts 
of Captain Duncan which General Alvear details, it is conceived that the 
United States ought not, until the controversy upon the subject between 
those two governments shall be settled, to give a final answer to General 
Alvear's note, involving, as that answer must, under existing circumstances, 
a departure from that which has hitherto been considered as the cardinal 
policy of this government. 

If, however, it may justly be expected that the Argentine government 
will acquiesce in the expediency of postponing that affair for the present, 
it is believed that there can be no good reason why the two governments may 
not proceed to the transaction and adjustment of such other pending busi- 
ness, between them as may not necessarily be connected with the question 
of the Falkland Islands. The Undersigned is consequently directed to 
apprize General Alvear that he will be happy to receive from him such com- 
munications upon other subjects as he may have occasion to make, and that 
the President, should the Argentine Government concur in the views which 
have now been suggested, will take an early opportunity to renew the inter- 
course between the two governments by means of a diplomatic agent of the 
United States at Buenos Ayres. 

The Undersigned avails himself of this occasion to offer General Alvear 
renewed assurances of his most distinguished consideration. 
1 See below, this volume, pt. n, doc. 112. 



20 PART I: COMMUNICATIONS TO ARGENTINA 



AbelP Upshur, Secretary of State of the United States, to Harvey M. Watt 
son, Special Agent of the United States at Buenos Aires 

[EXTRACT] 
No. j WASHINGTON, September 26, 1843 

SIR: The President having appointed you special agent of the Unit 
States to reside at Buenos Ayres, I proceed to give the necessary instructic 
for the discharge of your duties in that character. 

More than ten years have elapsed since we have had a diplomatic age 
accredited to that government. It is not deemed necessary at present, 
detail the causes which led to the interruption of the intercourse between 1 
two governments through that channel. The right of the Buenos Ayre 
government to jurisdiction over the Falkland Islands was the princij 
question involved. The accompanying synopsis 2 of the corresponder 
between the two governments upon that subject will acquaint you with 1 
particulars in regard to it and, also, in regard to the delay of that governmc 
in sending a diplomatic agent to the United States. You will perceive tl: 
Mr Webster, in his note to General Alvear of the 4th of December, 184 
proposed a suspension of any further discussion of the question of t 
Falkland Islands, and stated that if the Buenos Ayrean government shot 
agree to this proposition, the President would take an early opportunity 
renew the intercourse between the two governments by means of a diploma 
agent of the United States at Buenos Ayres. Although no answer to tl 
proposition has been received through General Alvear, it was undoubtec 
referred by him to his government, for Commodore Morris of the Navy of t 
United States having been instructed by this department to apply to t 
Buenos Ayrean Government for the relief of Mr Halsey, one of our citize 
who is a creditor of Buenos Ayres, the Minister for Foreign Affairs in a nc 
to the Commodore of the I4th of August, 1842, expressed the acknowledj 
ments of his government for the kind dispositions of the government of t 
United States towards continuing the pacific relations between the two cou 
tries by an interchange of missions in the accustomed form. Under t 
circumstances, therefore, the President has determined to consider this 
tantamount to an acceptance by that government of the proposition abo 

1 Instructions, Argentine Republic, vol. 15. 

Abel P. Upshur, of Virginia, who signed this instruction, was appointed Secretary of St; 
ad, interim on June 24, 1843, and commissioned Secretary on July 24, 1843. He died in off 
on February 28, 1844. 

Harvey M. Watterson, of Tennessee, to whom the instruction was addressed, was i 
pointed special agent, to reside at Buenos Aires, on September 26, 1843, "to obtain inforn 
tion in regard to its foreign relations, concerning commerce, and as to the war with Urugua] 



DOCUMENT 8: SEPTEMBER 26, 1843 21 

referred to, and he accordingly believes that the time has arrived when it 
will comport with the honor as well as the interests of the United States to 
have a political representative at Buenos Ayres. A sealed letter introducing 
you to the Minister for Foreign Affairs, an open copy of the same, and a 
special passport are accordingly herewith communicated to you. For rea- 
sons which I need not explain, your appointment must be informal. Your 
principal duty will be to communicate to this department authentic informa- 
tion relative to the foreign policy and domestic affairs of that country, par- 
ticularly on those points which may be interesting to the United States 
generally or affect their citizens trading to or residing in Buenos Ayres. 
This department is much in want of this information. You will also carefully 
watch the proceedings of other countries, particularly of France and England, 
and endeavor to ascertain their designs and the scope and objects of their 
policy in regard to that and the neighbouring countries. 

The commerce between the two countries, although it has no doubt been 
embarrassed by the constant wars which prevail in that quarter, and by 
other causes, is still considerable, and under a different state of things, 
might be greatly increased. 

From information already in the department, there is reason to believe 
that the British government has always taken particular pains to gain and 
preserve an influence in the councils of Buenos Ayres. The English popu- 
lation and interests in that country are large and important. One of the 
results of the influence referred to is the treaty between Great Britain and 
that government. The United States have never had a treaty with Buenos 
Ayres, in consequence of which it is understood that our navigation and 
trade there are subjected to serious discriminating charges. The department 
is not accurately informed as to the nature and extent of these and will there- 
fore expect that information from you. 

In your intercourse with people of influence and authority there, you will 
observe the most conciliatory deportment, and endeavor by all means 
compatible with a just self respect and due regard for your official character, 
to ingratiate yourself with them. Be careful not to offend their prejudices, 
political or religious, and abstain from identifying yourself with any of the 
parties into which the country may be divided. You will assure the Buenos 
Ayrean authorities of the friendly spirit of this government and that there 
is nothing in our policy as shown by our past career, which should deter them 
from cultivating with us the most intimate relations. We ask for no pref- 
erences in matters of commerce over any other nation, but we have every 
reason to expect to be placed on a footing of equality with the most favored 
nations. This you will endeavor to have accomplished, either by an 
Executive decree or by legislative enactment. 

You will transmit an authentic account of the origin, history, and present 
condition of the existing war between Buenos Ayres and the Oriental Re- 



22 PART I: COMMUNICATIONS TO ARGENTINA 

public. Whatever may have been or may be the motives for and objects of 
this war, if the published statements in regard to it are correct the manner 
in which it is carried on is to be regretted, and it is the duty of such other 
nations of Christendom as hold intercourse with either government, to en- 
deavor to mitigate the ferocities with which it is attended, if not to bring 
about a peace between those countries. The United States, however, have 
a strong interest in the peace and prosperity of all nations with wruch they 
carry on commerce, and this interest alone, aside from considerations of 
humanity, is sufficient to justify any proper efforts on our part to effect a 
pacification between Buenos Ayres and the Oriental Republic. Towards 
this you will direct your exertions in any way which would not allow it to he 
supposed that your proceedings are intended to be official. 



John C. Calhoun, Secretary of State of the United States, to William Brent, Jr., 
United States Charge d' Affaires at Buenos Aires ] 

[EXTRACTS] 
No. ! WASHINGTON, July 15, 1844. 

SIR: A copy of the instructions to M r Watterson 2 on his departure for 
Buenos Ayres as Special Agent of the United States, herewith enclosed, will 
give you a full view of the relations between the two countries at that time. 
Nothing has since occurred to change them. No answer has been received 
from the Buenos Ayrean government to the note which was addressed to 
General Alvear by M? Webster 3 on the subject of the Falkland Islands. 
Its long continued silence added to the contents of the note of its Minister 
for Foreign Affairs to Commodore Morris of the I4th of August, I843/ 1 
may be regarded as proof of its implied assent to the proposition contained 
in MF Webster's note. If that government, however, should make any 
communication upon the subject of the Falkland Islands in reference to the 
acts of Captain Duncan there in 1832, you will say that the government of 
the United States has determined to suspend any further discussion of that 
subject until the pending controversy between Buenos Ayres and Great 
Britain in regard to the Islands shall be settled. 

1 Instructions, Argentine Republic, vol. 15. 

William Brent, Jr., of Virginia, to whom this instruction was addressed, was commissioned 
charge d'affaires at Buenos Aires on June 14, 1844, and took leave on July 6, 1846. 

John C. Calhoun, of South Carolina, who signed the instruction, was commissioned 
Secretary of State on March 6, 1844. This resignation was submitted on March 1 , 1845, to 
take effect as soon as his successor should be appointed and qualified. Mis successor was 
commissioned on March 6, 1845. 

2 See above, this part, doc. 8, under date of September 26, 1843. 

3 See above, this part, doc. 7, under date of December 4, 1841. 

4 For the occasion for and pertinent portion of this note, see the second paragraph of the 
instruction to Watterson of September 26, 1843, above, this part, doc. 8. 



Fhe suspension of the question in reference to the Falkland Islands in- 
ives of course a suspension of the claims of the citizens of the United 
ites growing out of the seizure of their sealing vessels there, if indeed any 
im could be preferred against that government on their account, without 
plying that Vernet's authority was lawful. The obligation to make 
lends for an improper exercise of jurisdiction would seem to be inseparable 
m the right of jurisdiction itself. . . . 

Fhere is reason to suppose that it is the intention of the government of 
raguay, whose territories are conterminous with those of the Argentine 
nfederation, to deviate from the policy which it has hitherto pursued, to 
.tivate friendly relations with other powers and to encourage foreign 
nmerce. You will accordingly endeavor to acquire authentic information 
regard to that country, which you will transmit to this Department, 
[ am [etc.]. 



10 

hn C. Calhoun, Secretary of State of the United States, to William Brent, Jr., 
United States Charge d' Affaires at Buenos Aires J 

). 5 WASHINGTON, December 28, 1844. 

SIR: By a despatch from Mr Watterson, dated the nth of October, last, 2 
.s Department has been informed of the capture of the Buenos Ayrean 
ladron blockading the port of Monte Video, by the United States frigate 
ngress, under the command of Captain Voorhees, on the 29th of Septem- 
r, last, and that after taking possession of the vessels, he had discharged 
seamen, citizens of the United States, who had voluntarily enlisted on 
ard one of the ships composing the squadron. 

These facts, with others of minor importance, are set forth in sundry 
pers, 3 transmitted with Mr Watterson's communication, consisting of 
pies of a correspondence between himself and My Arana, the Buenos 
r rean Minister of Foreign Affairs, as well as that which took place between 
immodore Fitton [Filton?], the commander of the squadron, and Captain 
iorhees, together with a letter from the latter to Commodore Turner, 
ang an account of the transaction, and the statements of those on board 
z American Barque Rosalba. 

No official report has, as yet, been received from Commodore Turner, the 
icer in command of the station; and until this has been communicated, 
would not be proper for the government of the United States to express 
y decided opinion in regard to the conduct of Captain Voorhees. This 

Instructions, Argentine Republic, vol. 15. 

See below, this volume, pt. n, doc. 128. 

For these "sundry papers," see below, this volume, pt. n, doc. 127, with or near the 

patch of October n, 1844, from Mr. Watterson. Most of them are in footnotes. 



PART J: COMMUNICATIONS TO ARGENTINA 

Report, however, is expected in a short time; as we learn from * despatch 
from Mr Wise 1 that he left Rio de Janeiro for Buenos Ayres immediately on 
the receipt of the intelligence. In the meantime the President instructs you 
to communicate to Mr Arana his deep regret at the transaction. Anxious 
to preserve the most friendly relations with the Argentine Confederacy and 
to maintain the strictest neutrality in respect to the belligerent parties now 
unhappily engaged in war, orders were issued by our government to the 
commander of our naval forces on the station, carefully to avoid any thing 
calculated, in the slightest degree, to impair the good understanding between 
the two countries; and it is therefore with deep concern that the President 
has heard of this unfortunate occurrence. From the facts communicated 
to the department it would seem that Captain Voorhees has acted against 
the tenor of his orders, from some misapprehension, as it is supposed, of the 
circumstances of the case. This, though it may palliate, can by ao means 
justify his conduct; and you will assure the government of Buenos Ayres, 
in the strongest terms, that so soon as Commodore Turner shall have made 
an official report of the transaction, the government of the United States will 
be ready to do whatever justice and the occasion may require. 
I have the honor [etc.]. 



11 

John C. Calhoun, Secretary of State of the United States, to Carlos Maria, de 
Alvear, Argentine Minister to the United States 2 

WASHINGTON, February 20, 184.5. 

SIR: I have the honor to acknowledge the receipt of your note of the 7th 
instant, 3 referring to a conversation between us in relation to the capture 
of the Argentine blockading squadron off the Port of Monte Video by the 
United States frigate Congress, under the command of captain Voorhees. 

In the conference referred to you correctly understood me to say that 
the government of the United States deeply regretted the occurrence, and 
that as soon as an official report of the transaction should be received from 
Commodore Turner, it would be prepared to adopt such measures as the 
circumstances of the case and the honor of the two countries should require. 
I regret to say that this information has not, as yet, been received. As 
soon as it shall have reached the Department it will be laid before the 
Executive and the result of its deliberations immediately communicated to 
you. 

It is proper I should avail myself of the occasion to say that you seem in 
your note to have misunderstood some expressions in a part of the conversa- 

1 Mr. Wise was the United States minister to Brazil. 

2 Notes to the Argentine Republic vol. 6. 

3 See below, this volume, pt. n, doc. 135. 



DOCUMENT 12: MARCH 3, 1845 25 

tion referred to, which I beg leave to correct. The opinion I ventured to 
express as to the conduct of Captain Voorhees was confined entirely to the 
state of the facts as they were known to the Department, which did not 
seem to justify the course he had thought proper to adopt. I did not design 
to be understood as expressing any definitive opinion on the merits of the 
case, until the official report of the officer in command of the station should 
have been received. The government of the United States feels every dis- 
position to cultivate the most amicable relations with the Argentine Con- 
federation; and its final decision on the merits of this unhappy occurrence 
will show its readiness to do whatever justice may demand. 
I have the honor [etc.]. 



12 

John C. Calhoun, Secretary of State of the United States, to Carlos Maria de 
Alvear, Argentine Minister to the United States 1 

WASHINGTON, March j, 1845. 

SIR: I have the honor herewith to transmit to you a copy of a communi- 
cation this day received from the Honorable John Y. Mason, Secretary of 
the Navy, covering a letter from Commodore Daniel Turner, the officer in 
command of the United States naval forces on the Brazilian coast to Com- 
modore Baltierre, and also a Report from the same officer in relation to the 
capture of the Argentine blockading squadron off the Port of Monte Video, 
by the United States frigate Congress, under the command of Captain Voor- 
hees; copies of which are also herewith enclosed. 

The President has carefully considered the statements contained in the 
Report of Commodore Turner and entirely concurs in the views expressed by 
him in regard to the conduct of Captain Voorhees, who has been ordered 
home. As soon as he arrives, he will be brought before a Court of Inquiry, 
with a view to such examinations as may enable the Executive to decide 
finally on the course which it ought to adopt in regard to him. 

The President trusts that this course will be satisfactory to the Govern- 
ment of the Argentine Confederation, and confidently indulges the hope that 
this unfortunate occurrence will not be allowed to mar the good understand- 
ing subsisting between the two countries. 

I have the honor [etc.]. 

1 Notes to the Argentine Republic, vol. 6. 



26 PART I: COMMUNICATIONS TO ARGENTINA 

13 

James Buchanan, Secretary of State of the United States, to William Brent, 
United States Charge d' Affaires at Buenos Aires : 

No. 9 WASHINGTON, May 26, 1845 

SIR: I have to acknowledge the receipt of your despatch of the 28th 
January, last, 2 with the accompanying papers relative to the strict block 
of Monte Video by the naval forces of Buenos Ayres. The conduct wli 
you have pursued and the sentiments which you express in regard to t 
measure, are approved by the President. The determination of the Frei 
Admiral forcibly to violate the blockade and thus to abandon his neul 
position, was an example not to be followed by our government in any a 
and this more especially towards a feeble sister Republic upon our own c 
tinent. Should the strict blockade be persisted in, you will take care t! 
it shall be conducted on the established principles of public law and in si 
manner as to inflict as little injury on American commerce as possible. 1 
Government of Buenos Ayres will doubtless see the policy as well as jusl 
of pursuing this course. 

I am [etc.]. 

14 

James Buchanan, Secretary of State of the United States, to Carlos Maria 
Akear, Argentine Minister to the United States 3 

WASHINGTON, May 29, 1845 

SIR: I have the honor to acknowledge the receipt of your several cc 
munications to this Department of the 27th of March, the I3th ult: and I' 
instant, 4 upon the subject of the seizure of the squadron of the Argent 
Confederation engaged in blockading Monte Video, by Captain Voorhc 
in command of the United States Frigate Congress. This Department \v< 
ing requested of the Secretary of the Navy official information as to the p 
ceedings determined upon against Captain Voorhees, I have the honor 
transmit a copy of the reply 5 of Mr Bancroft and of the charge and spe 
fications which accompanied it. 

I avail myself [etc.]. 

1 Instructions, Argentine Republic, vol. 15. 

James Buchanan, of Pennsylvania, who signed this instruction, was commissioned Sec 
tary of State on March 6, 1845, serving until his retirement on March 4, 1849. Previou 
he had been commissioned minister to Russia on January 4, 1832, from which post he tc 
leave on August 5, 1833. On April n , 1 853, he was commissioned minister to Great Brita 
from which post he took leave on March 15, 1857. While serving in London he was e 
powered to negotiate extradition conventions with Bavaria, on July 6, 1853, and Hano\ 
December 18, 1854. Later, he became President. 

2 See below, this volume, pt. n, doc. 133. 

3 Notes to the Argentine Republic, vol. 6. 

4 For the notes of March 27, April 13, and May 17, see below/this volume, pt. n, dc 
137, 139, and 140. 



Aivear, Argentine .MMm/e^ to the Umted states x 

WASHINGTON, October 25, 1845. 

With his note under date the 29th of May, last, the Undersigned, Secretary 
of State of the United States, had the honor to transmit to General Aivear, 
Minister Plenipotentiary and Extraordinary of the Argentine Confederation, 

1 Notes to the Argentine Republic, vol. 6. 

Court Martial has been ordered to convene in Washington, on the 2d of June next, for the 
trial of Captain Philip F. Voorhees." 

"A copy of the charge and specifications is herewith enclosed." 

The following, copied from Miscellaneous Letters, volume covering April, May, June, 
and July, 1845, is the full text of the enclosure: 

Charge and Specifications of a Charge preferred by the Secretary of the Navy against Philip F. 
Voorhees, a Captain in the Navy of the United States 

CHARGE DISOBEDIENCE OF ORDERS 

Specification i>{ In this that the said Captain Philip F. Voorhees having been, on or 
about the 14* day of March 1844, dispatched in the U. S. frigate Congress to the Port of 
Monte Video, in the river Plate, South America, for the purpose of protecting the com- 
merce and interest of the United States in that quarter, and having been ordered by his 
Commanding Officer, Captain Daniel Turner, Commanding the U. S. Naval forces on the 
Coast of Brazil, "to be extremely particular in all his official and private intercourse 
with the Montevidean and Buenos Ayrean Governments and to bear always in 
mind that it was not only the policy of our Government, but their earnest desire, to 
maintain a strict and unqualified neutrality in all things relating to the belligerents and 
to those Countries generally" did, on or about the 29*.'' day of September 1844 at or 
near the port of Montevideo, disobey the said order by wrongfully capturing and taking 
forcible possession of an armed vessel called the Sancala, belonging to a Government at 
peace with the Government of the United States, and at war with the Government of 
Montevideo. 

Specification 2? In this that the said Captain Philip F. Voorhees, on or about the 
29 l . h day of September 1 844, ator near the port of Montevideo, did disobey the order of 
Captain Daniel Turner set forth in the first specification of this Charge, by wrongfully 
capturing and taking forcible possession of a Squadron of armed vessels belonging to a 
Government at peace with the Government of the United States, and at war with the 
Government of Montevideo. 

Specification 3 d . In this that the said Captain Philip F. Voorhees on or about the 
29 l . h day of September 1844, at or near the port of Montevideo, did disobey the order of 
Captain Daniel Turner set forth in the first Specification of this Charge by forcibly and 
wrongfully releasing prisoners and property captured by or in the custody of, a Squadron 
of vessels employed in blockading the port of Montevideo, the said Squadron belonging 
to a Government at peace with the Government of the United States. 

Specification 4^ In this that the said Captain Philip F. Voorhees, on or about the 
29* day of September 1844, at or near the port of Montevideo, did disobey the order of 
Captain Daniel Turner, set forth in the first Specification of this Charge by wrongfully 
and forcibly taking seamen from a Squadron of vessels blockading the port of Monte- 
video, the said Squadron belonging to a Government at peace with the Government of 
the United States. 

Specification 5^ In this that the said Captain Philip F. Voorhees, on or about the 
22? day of October 1844, at or near the port of Montevideo, did disobey the order of 
Captain Daniel Turner set forth in the first Specification of this Charge, by refusing 
to permit a Squadron of vessels employed in blockading Montevideo to enforce the 
blockade with respect to Merchant vessels belonging to the United States, the said 
Squadron belonging to a Government at peace with the Government of the United 
States. 

GEORGE BANCROFT. 

NAVY DEPARTMENT, May 23, 1845. 



28 



PART I : COMMUNICATIONS TO ARGENTINA 



a copy of a letter addressed to this Department by the Secretary of tl 
Navy, together with a transcript of the charge and specifications again 
Captain Voorhees, growing out of certain acts committed by that offio 
while in command of the frigate Congress, against the force of the Argentii 
Confederation engaged in blockading Monte Video. 1 The Undersigns 
has now the honor to transmit to General Alvear a copy of another con 
munication from the Secretary of the Navy, accompanied by a transcript i 
the finding and sentence of the Court Martial and of the letter of reprimar 
addressed to Captain Voorhees by the Navy Department. 2 

1 For the note of May 29, see above, this part, doc. 14, and for the charge with specific 
tions, see note 5 thereto. 

2 The letter from the Secretary of the Navy, dated October 24, 1845, stated briefly that 1 
enclosed "a copy of the finding and sentence of the Naval General Court Martial" and ' 
copy of the letter of reprimand to Captain Voorhees." 

The texts of these two documents, copied from Miscellaneous Letters, volume for August- 
October, 1845, follow: 

IN GENERAL COURT MARTIAL, 
WASHINGTON, Tuesday, June 24, 1845 

The Court met in pursuance of adjournment 

Present 

Capt. Stewart Capt. Kearney 

" Ridgely " Geisenger 

" Downes " McCauley 

" Cassin " Aulick 

" Forrest 

B. F. Hallett Esq. of Boston, Judge Advocate 
The Journal of yesterday was read and approved. 

The Court haying made their finding yesterday, and adjourned to this day, to redu< 
the same to writing, the finding and sentence of the Court are now put upon record ; 
follows. 

Finding and Sentence of the Court Martial in the case of Captain Philip F. Voorhe 

At a naval General Court Martial, convened by order of the Secretary of the Navy, < 
the Navy Yard in the city of Washington, District of Columbia, on Monday the second da 
of June in the year 1 845, and subsequently removed by his order to Coleman's Hotel in sai 
city of Washington, for the trial of Captain Philip F. Voorhees and of such other persoi 
as may be legally brought before it, the said Philip F. Voorhees, a captain in the Navy < 
the United States, was arraigned before said Court, on the second of June aforesaii 
under a charge and specifications preferred against him by the Secretary of the Nav; 
And the Court having heard and duly considered the evidence and testimony offere 
under said charge and specifications, and the defence of the accused thereto, do find, 
That the said Captain Philip F. Voorhees 
on the first specification of charge is Guilty 
on the second specification of charge is Guilty 
on the third specification of charge is Guilty 
on the fourth specification of charge is Guilty 
on the fifth specification of charge is Guilty 

And the Court is of opinion that the said charge is fully proved, and do adjudge th 
said Captain Philip F. Voorhees Guilty of said Charge. 

The Court therefore, do sentence the said Captain Philip F. Voorhees to be repr 
manded in general order by the Secretary of the Navy, and to be suspended for th 
term of three years from the date hereof. 

NAVY DEPARTMENT, August 12, 1845. 

Having maturely considered the evidence on which the Court framed their decision! 
I approve the finding of the Court on the five several specifications and on the chargi 
and I hereby confirm the sentence. 

GEORGE BANCROFT. 
Secretary of the Navy and officer ordering the Court. 



DOCUMENT 16: MARCH 30, 1846 29 

The Undersigned trusts that in the proceedings which at its instance have 
taken place and in their result, the government of the Argentine Confedera- 
tion will see a satisfactory proof of the disposition entertained by this gov- 
ernment to respect the rights of Buenos Ayres. 

The Undersigned avails himself of this occasion to offer General Alvear 
renewed assurances of his very distinguished consideration. 



16 

James Buchanan, Secretary of State of the United States, to William A . Harris, 
United States Charge d' Affaires at Buenos Aires l 

[EXTRACTS] 
No. i WASHINGTON, March 30, 1846. 

SIR: I refer you to the instructions given by this Department to Messrs 
Watterson and Brent, of the 29th [26th] September, 1843, and of the I5th 
July, i844, 2 f r your guidance so far as they are applicable to the present 
posture of our relations with the Argentine Republic. Copies of these in- 
structions will be found among the archives of your Legation. . . . 

This Government has sent Edward A. Hopkins, Esq? as a confidential 
agent to Paraguay for the purpose of obtaining information concerning the 
political condition and commercial resources of that country, with a view to 
the acknowledgement of its independence. You will find among the archives 

George Bancroft, Secretary of the Navy, to Captain Philip F. Voorhees 

NAVY DEPARTMENT, August 12, 1845. 

SIR: The Naval General Court Martial of which Captain Charles Stewart was Presi- 
dent, and before which you were arraigned on a charge of disobedience, with five 
Specifications, after a most careful and laborious investigation did, on the 24*. h day of 
June last, find you guilty of every specification and guilty of the charge, and sentenced 
you to be reprimanded in general order by the Secretary of the Navy and to be suspended 
for the term of three years from, that date. The officer ordering the Court has approved 
their verdict and confirmed their sentence. You are therefore suspended from com- 
mand. 

In carrying into effect the remainder of the sentence, I could desire not to add one 
word to the judgment of the Court with whose members you have been so long asso- 
ciated in the service. But justice to our own government, the relations of amity sub- 
sisting with the Argentine Republic, our avowed policy of neutrality between foreign 
belligerents, respect for the rights of a foreign flag, a firm adhesion to the humane princi- 
ples of the modern, code of maritime law, ever advocated and insisted on by'the Ameri- 
can people, the determination to demand nothing but what is right especially from a 
power weaker than our own compel me to disavow and reprove your conduct as set 
forth in the charge and specifications of which you have been found guilty. 

This letter of reprimand will be published in a General Order. 

1 Instructions, Argentine Republic, vol. 15. 

William A. Harris, of Virginia, to whom this was addressed, was commissioned charge 
d'affaires to the Argentine Republic on February 19, 1846; and apparently retained the post 
until his successor was presented on September 12, 1851. 

2 See both instructions above, this part, docs. $ and 9, under their respective dates. The 
former is dated the a6th instead of the 2gth of September, 1843- 



3O PART I : COMMUNICATIONS TO ARGENTINA 

of your Legation a copy of the instructions to that gentleman under date 
the loth June, I845. 1 Since the date of those instructions, the Cover 
ment of Paraguay has made a formal application through the Government 
Brazil to that of the United States to acknowledge its independence. ^ < 
will be furnished with a copy of the note of Mr Lisboa, the Brazilian Minis! 
here, containing this request, dated 10th [i6th] February, i846. 2 

You are aware that it is the settled policy of the United States to recogni 
the independence of all governments which have manifested to the wor 
that they are de facto independent. This duty has been eagerly perform' 
towards our sister Republics, on this continent. The information alrea< 
in our possession, especially that which has been communicated by 3N 
Lisboa, would justify this Government in promptly acknowledging H 
independence of Paraguay. Notwithstanding this information, the Pro: 
dent has determined to suspend action upon this subject for the preset 1 
purely from regard to the Argentine Republic and in consideration of tl 
heroic struggle which it is now maintaining against the armed interventit 
of Great Britain and France in the concerns of the Republics on the I 
Plata and its tributaries. He could not give a more striking proof than tl: 
of his friendship for the Argentine Republic. 

This determination has been adopted upon the earnest and urgent solicit 
tion of General Alvear, the highly esteemed Minister of the Argentine R, 
public to the United States. He has strongly represented that the recogr 
tion of the independence of Paraguay, at the present critical moment, wh< 
the combined fleets of Great Britain and France are attempting to force 
passage up the La Plata and the Parana to that Republic, would be coi 
strued into a concurrence on our part with the hostile measures of these tv 
Powers against the Argentine Republic. The President will abstain fro; 
any act which could be susceptible of such a construction. His sympathie 
in common with those of the people of the United States, have been warm! 
enlisted in favor of the Argentine Republic in the noble resistance which it 
now maintaining against European intervention and armed dictation in tl 
affairs of this continent. Besides, General Alvear has assured me, in tl 
strongest terms, that should Great Britain and France be able to extort an 
privileges from his Government in regard to the navigation of the La Plal 
and its tributaries, these shall be immediately and cheerfully extended to tl: 
United States. 

The reasons for this delay to recognise the independence of Paraguay ha\ 
been greatly strengthened by the information recently received at the Di 
partment of the declaration of war by that Republic against Buenos Ay re 

1 For Hopkins's instruction, see below, the volume and part containing Communicatioi 
to Paraguay, under its date. 

2 For this note from the Brazilian Minister applying on behalf of Paraguay for the latter 
recognition, see below, the volume and part containing Communications from Parajrirr 
The date which is the i6th of February, is carelessly written in the translation so th-it ' 
could easily be mistaken for the loth. 



DOCUMENT 16: MARCH 30, 1846 31 

No matter what may have been the motives which dictated this declaration, 
Paraguay has thus become, in fact, an ally of Great Britain and France in 
their intervention in the affairs of the Republics on the La Plata. Never- 
theless, you are instructed to prepare the Argentine Government for our 
recognition of the independence of Paraguay. Inform the authorities that 
this acknowledgement will be made, when the proper time shall arrive in 
pursuance of the long established and well settled policy of the American 
Government, and without the slightest intention or disposition to interfere 
with the rights of the Argentine Republic. This precaution on your part is 
proper, as our recognition of Paraguay may be hastened by the necessity of 
securing to the United States, in a kind and peaceful manner, the same ad- 
vantages in trade with that Republic, which Great Britain and France are 
now endeavoring to obtain by force. 

You will not fail to communicate regularly to this Department all the 
information which you can procure of an interesting character to your 
country, concerning Paraguay and the other States bordering on the La 
Plata and its tributaries. 

The late annual message of the President to Congress has so clearly pre- 
sented the great American doctrine in opposition to the interference of 
European Governments in the internal concerns of the nations of this conti- 
nent, that it is deemed unnecessary to add another word upon this subject. 
That Great Britain and France have flagrantly violated this principle by 
their armed intervention on the La Plata is manifest to the whole world. 
\Vhilst existing circumstances render it impossible for the United States to 
take a part in the present war; yet the President desires that the whole moral 
Influence of this Republic should be cast into the scale of the injured party. 
\Ve cordially wish the Argentine Republic success in its struggle against 
foreign interference. It is for these reasons, that although the Government 
of the United States never did authorise your predecessor M? Brent to offer 
His mediation in the affairs of Great Britain, France and the Argentine Re- 
public, this act has not been publickly disavowed. His example, however, is 
not to be followed by you without express instructions. An offer of media- 
tion by one nation in the disputes of other nations is an act of too much 
Importance and may involve consequences too serious to be undertaken by a 
diplomatic agent on his own responsibility. 

M? Pakenham on the yth November, last, placed in my hands the copy of a 
despatch from Lord Aberdeen to himself under date the 3d of October, last, 1 
with which you shall be furnished. From this it would appear that Great 
Britain and France in their armed intervention have no view to territorial 

1 See Pakenham's note of November 7, 1845, in the volume and part containing Commu- 
nications from Great Britain; and with it a copy of the British Foreign Minister's instruction 
of October 3. The copy of Brent's note of June 12, 1845, to the Argentine Foreign Minister 
x-egarding his offer to mediate has been placed in its chronological order below, this volume, 
pt. n, doc. 141. 



32 PART I: COMMUNICATIONS TO ARGENTINA 

aggrandisement on the La Plata. It will be your duty closely to watch the 
movements of these two Powers in that region; and should either of them in 
violation of this declaration attempt to make territorial acquisitions, you 
will immediately communicate the fact to this Government. 

The tribute of respect paid by the Government of the Argentine Con- 
federation to the memory of General Jackson, has made a deep impression 
upon the President and people of the United States. Their decree has been 
officially communicated to the Department by General Alvear, and under the 
instruction of the President, I have made a suitable response. It is desired 
further that you should embrace the first proper occasion to make known to 
the Argentine Government with what a grateful spirit the President has re- 
ceived this testimonial of respect to the merits and virtues of the greatest 
hero and statesman who has adorned and illustrated this Republic since the 
days of the father of his country. General Rosas knows how to appreciate 
his excellence. 

In conclusion I would remark that much depends upon the personal de- 
portment of foreign ministers in conciliating esteem and friendship in the 
countries where they are accredited. It is both the policy and the inclination 
of the United States to cultivate the most friendly relations with all nations 
and especially with our Sister Republics upon this continent. We are 
separated from Europe by a vast ocean and still more widely by our free 
Republican institutions. A spirit should be cherished among all the nations 
on this continent to resist European interference and maintain the freedom 
and independence of each of their Governments. The Government and 
people of the Argentine Republic have manifested to the world by their con- 
duct that they feel the importance of asserting these principles and that they 
have the courage to maintain them against two of the greatest powers of 
Europe. It should, therefore, be your constant effort both in your public 
and private intercourse to impress upon that Government and people how 
deep an interest we feel in their success, and how anxious we are to cultivate 
with them the most friendly relations. Convince them by your conduct 
that we are truly their friends and they will continue to be ours. Your mis- 
sion is one of great importance and responsibility and you have my best 
wishes for your success in accomplishing its important objects. 

I am [etc.]. 



DOCUMENT 17: MAY 14, 1846 33 

17 

James Buchanan, Secretary of State of the United States, to William A . Harris, 
United States Charge a" Affaires at Buenos Aires 1 

WASHINGTON, May 14, 1846. 

SIR: I transmit you herewith a Proclamation of the President of yester- 
day's date, 2 declaring that war exists between the United States and Mexico. 
Congress adopted the measure with unprecedented unanimity. There were 
but fourteen dissenting voices in the House and two in the Senate. The 
truth is that we had endured so many insults and grievous wrongs from Mex- 
ico with such unexampled patience, that at the last she must have mistaken 

1 In the index at the beginning of Instructions, Argentine Republic, vol. 15, this circular 
is listed by subject but without date. It is not mentioned among the despatches. But 
despatch No. 5, dated September 15, 1846, from charge d'affaires Harris, below, this vol- 
ume, pt. n, doc. 186, shows that it went to Buenos Aires; and it probably went to all lega- 
tions of the United States. In Instructions, Chile, vol. 15, p. 62, it is stated that the same went 
as No. 8 to Crump, charge d'affaires to Chile. Also in Instructions, Peru, p. 48, is an indica- 
tion that it went to the charge d'affaires at Lima as No. 5. The file copy from which the 
transcript was made for this publication is in Instructions, Brazil, vol. 15. At its close are 
memoranda indicating that the same went also to the charges d'affaires at Buenos Aires, 
Bogota, Caracas, Lima, and Santiago de Chile. There appear to have been two reasons 
why it should have been recorded in full among the instructions to the legation in Brazil 
rather than in some other Latin-American country: first, the incumbent of the post at Rio 
de Janeiro was the only one of ministerial rank then in South America; and, secondly, a 
corollary of the first, Brazil was considered the most important country in South America. 
It is printed with the Communications from Argentina because these are in the first volume 
of the present compilation to be published. It will not be reprinted among Communications 
from Brazil, nor among those from the other countries mentioned. 

2 The proclamation, transcribed from Circulars, vol. i, where it is filed with a nearly 
identical printed copy of the circular instruction of May 14, addressed to the United States 
consul at Tampico, follows: 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA 
A PROCLAMATION 

Whereas the Congress of the United States, by virtue of the constitutional authority 
vested in them, have declared by their act, bearing date this day, that, "by the act of 
the Republic of Mexico, a state of war exists between that Government and the United 
States:" 

Now, therefore, I, JAMES K. POLK, President of the United States of America, do 
hereby proclaim the same to all whom it may concern ; and I do specially enjoin on all 
persons holding offices, civil or military, under the authority of the United States, that 
they be vigilant and zealous in discharging the duties respectively incident thereto: 
and I do moreover exhort all the good people of the United States, as they love their 
country, as they feel the wrongs which have forced them on the last resort of injured 
nations, and as they consult the best means, under the blessing of Divine Providence, of 
abridging its calamities, that they exert themselves in preserving order, in promoting 
concord, in maintaining the authority and the efficacy of the laws, and in supporting 
and invigorating all the measures which may be adopted by the constituted authorities 
for obtaining a speedy, a just, and an honorable peace. 

In testimony whereof, I have hereunto set my hand, and caused the seal of the United 
States to be affixed to these presents. Done at the City [L. S.j of Washington the 
thirteenth day of May, one thousand eight hundred and forty-six, and of the in- 
dependence of the United States the seventieth. 

JAMES K. POLK. 
By the President: 

JAMES BUCHANAN, Secretary of State. 



34 PART I: COMMUNICATIONS TO ARGENTINA 

our forbearance for pusillanimity. The Union of the II*- 11 ^ nd I2t - lx Instant 
which has been forwarded to you, contains the President's Message arid all 
the proceedings upon it in Congress resulting in the declaration of -vvaii". 

The vote in Congress will serve to convince the world that in this country 
at a crisis when it becomes necessary to assert the national rights and vindi- 
cate the national honor, all party distinctions vanish. 

You will observe from the President's Message the extreme relucta.in.oe -with 
which the United States have engaged in this war. It is our interest as it; has 
ever been our inclination, that Mexico should be an independent and power- 
ful Republic, and that our relations with her should be of the most f i-iericlly 
character. The successive revolutions by which she has been afflicted and 
the avaricious and unprincipled men who have placed themselves at -trie ri end 
of her Government have brought her to the brink of ruin. "We feel deeply 
interested that she should establish a stable Government sufficiently power- 
ful and pacific to prevent and punish aggressions upon her neighbors. Kor 
some years, in our intercourse with her, we have incurred much of the e>cpense 
and suffered many of the inconveniences of war, whilst nominally a/t ipen.ce. 
This state of things had at last become intolerable. 

We go to war with Mexico solely for the purpose of conquering ara Honor- 
able and permanent peace. Whilst we intend to prosecute the wn.r -with 
vigor, both by land and sea, we shall bear the olive branch in one ho.nd a.nd 
the sword in the other; and whenever she will accept the former, vve shall 
sheath the latter. 

A strict blockade of the ports of Mexico, both on the Atlantic and I^aclfic, 
will be immediately established. This, by depriving her of the revenue 
which she derives from customs will, it is hoped, speedily bring 1 her to offer or 
to accept reasonable terms. Besides, it will then become the interest: of the 
foreign nations who now enjoy the monopoly of her commerce to Gxer"t t:lieir 
influence with her Government for the restoration of peace upon jiast; and 
liberal principles. 

It is but fair that you should announce to the Minister for Foreign. ./Vffairs 
of Brazil the intention of the President to blockade the ports of Mexico . In 
conversing with him on the objects and purposes of the -war, you "will be 
guided by the sentiments contained in the President's Message a.nd his 
despatch. 
I am [etc.]. 



Alvear, Argentine Minister to me united States L 

WASHINGTON, August 14, 1846. 

The Undersigned Secretary of State, has had the honor to receive the note 
of His Excellency General Don Carlos de Alvear, Minister Plenipotentiary 
and Extraordinary of the Argentine Confederacy to the United States, dated 
on the 20^ July, last, 2 together with the original letter dated at Buenos 
Ayres on the ipth March, last, 3 addressed by Mr Edward A. Hopkins to 
the Most Excellent Governor and Captain General, Brigadier Don Juan 
Manuel de Rosas, charged with the Foreign Relations of the Argentine 
Confederacy. 

In compliance with the request of General Alvear, both his note and the 
letter of Mr Hopkins have been submitted to the President, who has directed 
the Undersigned to return the following answer. 

The Government of the Argentine Republic has done the President of the 
United States no more than justice in attributing to him the most friendly 
feelings towards that Republic and its distinguished Chief. It was then 
with the deepest pain and mortification that he perused the letter of Mr 
Hopkins to General Rosas; and he directs me to express his sincere regret 
that any individual who had been entrusted by him with an agency abroad, 
should have been guilty of so rash and improper an act. 

The friendship of the President for the Argentine Republic has already 
been clearly manifested by his conduct in regard to M? Hopkins himself. 
That gentleman was sent abroad as a special agent to Paraguay, merely for 
the purpose of obtaining the information necessary to enable the President 
and Congress to decide whether its independence ought to be recognised by 
the United States. This was done in accordance with the general policy 
and practice of the Government of the United States to recognise the inde- 
pendence of all nations and States which had proved themselves to be de 
facto independent and capable of maintaining their independence. 

Mr Hopkins was not furnished with any letter of credence to the Minister 
for Foreign Affairs of Paraguay, nor with any power whatever to negotiate or 
to act in a diplomatic character. Within a few days after it was discovered 
that he had violated his instructions by representing himself to the President 
of Paraguay as invested with a diplomatic character, by committing the 
President and Congress of the United States to him in favor of recognising 
the independence of that country, and by offering the mediation of the 
United States between the Governments of Paraguay and Buenos Ayres, he 
was peremptorily recalled. His letter of recall bears date on the 30th 

1 Notes from Argentine Republic, vol. 6. 

2 See below, this volume, pt. n, doc. 180. 

3 See below, this volume, pt. n, doc. 173, note 2, p. 343. 



36 PART I: COMMUNICATIONS TO ARGENTINA 

March, last; 1 and thus the only punishment within the power of the Presi- 
dent had been inflicted upon him nearly four months before the receipt oi 
Your Excellency's communication. 

Having resided so long in this country, Your Excellency is aware that a 
citizen of the United States can only be punished for the commission of a 
crime previously denned by law after trial and conviction before a Court and 
Jury. The offence of writing an insolent letter to the head of a Foreign 
Government when committed within the jurisdiction of that Government is 
not punishable by law either in the Courts of the United States or of the 
several States. 

The Undersigned trusts that this explanation will prove satisfactory to 
General Rosas, and that the unauthorized and highly improper conduct of 
Mr Hopkins will not be suffered to interfere, in the slightest degree, with the 
cordial and friendly relations now so happily subsisting between the two 
Republics, and which the President is anxious perpetually to preserve. 

The Undersigned avails himself of this occasion to offer General Alvear 
renewed assurances of his most distinguished consideration. 



19 

James Buchanan, Secretary of State of the United States, to William A . Harris, 
United States Charge d' Affaires at Buenos Aires z 

No. 9 WASHINGTON, November 12, 184.6. 

SIR: Your despatches to N? 5, 3 inclusive, have been received. The last 
from Mr. Brent is his N 18 of the 4th of April. 4 

None of his despatches yet received has alluded to the offer of mediation 
made by him, in the name of the United States, between the Governments of 
Buenos Ayres and Paraguay. 5 Indeed the first knowledge of such an 
offer which reached the Department was communicated to me by your 
despatch N? i, of the I4th July, last; 6 which also informed me that 3VIr 
Brent, after his mediation had been accepted by Buenos Ayres, despatched 
his son Mr George Lee Brent and Mr Joseph L. Graham as special agents to 
Paraguay, with a letter from him to President Lopez. You were mistaken 
in mentioning that a copy of this letter was attached to your despatch, but I 

1 See below, the volume and part containing Communications from Paraguay. 

2 Instructions, Argentine Republic, vol. 15. 

3 That of September 15, 1846, below, this volume, pt. II, doc. 186. 

4 This appears to have been the last despatch Brent sent, while charg6 d'affaires. 

6 This is an error. See his despatch No. 15, dated February 15 [probably 1st] 1846, 
below, this volume, pt. n, doc. i6r, in the latter part of which was quoted the full text of his 
note of January 31, 1846, to the Argentine Foreign Minister, formally offering the mediation. 
See below, this volume, pt. n, doc. 160. 

6 See below, this volume, pt. n, doc. 179. 



DOCUMENT 19: NOVEMBER 12, 1846 37 

obtained one^ three days ago from Mr Brent himself, 1 who reached this City 
about the middle of the last month. 

As these agents will probably return to Buenos Ayres and make report 
to your Legation, you ask to be instructed what you shall do in such a 
contingency. 

In answer to your inquiry, I need scarcely say that this offer of mediation 
was made by Mr Brent without authority, and is in direct opposition to the 
established policy of this Government. My instructions to you of the 3O th 
March, last, 2 are so full and explicit on this subject as to render a mere 
reference to them all that is necessary upon the present occasion. 

You will, therefore, refrain from taking any part as a mediator between 
the Governments of Buenos Ayres and Paraguay and be careful not to 
commit the Government of the United States either directly or indirectly as 
a guarantee or otherwise of any arrangement into which they may enter. 
In order to prevent all mistakes, you ought to make known your true position 
to the parties. This Government will not hold itself responsible in any 
manner for the offer of mediation made by Mr Brent nor for any of his acts 
to carry it into execution. 

Still the unauthorized acts of your predecessor may render your position 
extremely delicate, and you should exert your best efforts to conduct yourself 
in such a manner as not to give offence to either of the parties. This Govern- 
ment earnestly desires that the unhappy differences between them should be 
amicably and honorably adjusted. We feel a deep interest in the peace and 
prosperity of both, and are opposed to all and especially to European inter- 
ference in their domestic concerns. If, therefore, as a common friend, not 
as a mediator, you can make yourself useful in bringing the parties together 
and persuading them to adjust their differences in a satisfactory manner, this 
conduct would meet the cordial approbation of the President. The employ- 
ment of your good offices for a purpose so laudable is a matter entirely 
different from acting in the character of a mediator. 

If then when Messrs Brent and Graham shall return from Paraguay, you 
should find that President Lopez has accepted the offered mediation, you 
may exert your friendly offices simply as Charg6 d'Affaires of the United 
States in procuring a meeting of the Plenipotentiaries. 

After this meeting shall have been accomplished, you ought to be cautious 
in giving your advice. The danger in such cases is that one or both parties 
may become jealous. Still as a common friend this ought not to be withheld 
if you should perceive that it may be useful to both without giving offence 
to either. 

The President does not intend publickly to disavow the offer of mediation 

1 See below, this volume, pt. II, doc. 177, under date of April 29, 1846. It appears among 
the manuscripts as an enclosure with Brent's letter to the Secretary of State, dated Septem- 
ber 6, 1847, regarding which see below, this volume, pt. II, doc. 163, note 3, p. 325. 

2 See above, this part, doc. 16. 



38 PARTI: COMMUNICATIONS TO ARGENTINA 

made by Mr Brent. This might assume the appearance before the world of 
a want of friendship for the parties which would be far from the reality. 
It is sufficient, therefore, that this disavowal should be communicated 
confidentially to these two Governments through their Ministers. It shall 
not be made known by this Department unless unexpected circumstances 
should occur, which might render this necessary. 

Should Messrs Brent and Graham return, with an unfavorable answer 
from the President of Paraguay, then the affair will be ended without any 
interposition on your part further than to communicate the result to the 
Government of Buenos Ayres. But even in this event it would be proper to 
inform Mr Arana of Mr Brent's want of authority to offer the mediation of 
this Government. 

I am [etc.]. 

20 

James Buchanan, Secretary of State of the United States, to William A . liar fix, 
United States Charge d' Affaires at Buenos Aires ] 



No. 13 WASHINGTON, September 30, 

SIR: Your despatches N. s 13, 14, I5, 2 accompanied by your correspond- 
ence with Lord Howden and Count Walewski, the British and French 
Plenipotentiaries, have been received. Numbers 10, n, and 12 3 have nol 
yet reached the Department. The intelligence that the British squadron 
had been directed to discontinue the blockade, is gratifying. This measure, 
it is to be hoped, will ere long be followed by the discontinuance of the 
blockade on the part of France and the entire removal of every impediment 
to the free and fair trade of neutral States with the Argentine Confederation. 
The light which you have thrown upon the subject, has enabled us to appre- 
ciate the objects and motives of the Government within the City of Monte 
Video in desiring to force all foreign commerce with Buenos Ayres to pass 
through their Port. 

I am [etc.]. 

1 Instructions, Argentine Republic, vol. 15. 

2 Dated respectively, July 15, July 21, and August 2, 1847, below, this volume, pt. 11, 
docs. 198, 199, and 200. 

3 For the last two, dated respectively, June 16 and July 3, 1847, see below, this vohum:, 
pt. n, docs. 193 and 197. His No. 10 of June 4, regarding monetary and exchange conditions, 
is not included in this publication. 



21 

James Buchanan, Secretary of State of the United States, to William A.Harris, 
United States Charge d' Affaires at Buenos Aires * 

[EXTRACT] 
No. 15 WASHINGTON, October 10, 1848. 

SIR: Your despatches to N? 2y, 2 inclusive, have been received. 

It is to be hoped that the raising of the blockade of the port of Buenos 
Ayres by the naval forces of France, will speedily lead to a restoration of the 
foreign trade there and to financial and general prosperity. Should this 
prove to be the case, we shall have reason to expect that the Buenos Ayrean 
Government will favorably receive your applications upon the subject of 
claims of citizens of the United States. 



22 

John M. Clayton, Secretary of State of the United States, to William A. Harris, 
United States Charge d' Affaires at Buenos Aires 3 

[EXTRACT] 
No. 17 WASHINGTON, May 21, 1849. 

SIR: Your despatches to N 3i, 4 inclusive, have been received. It is 
gratifying to learn that a prospect exists of an accommodation between the 
Buenos Ayrean Government and those of Great Britain, France and Monte 
Video. The state of quasi war which has so long prevailed in that quarter, 
besides being anomalous and without sanction from public law has been more 
hurtful to the region on both sides of the La Plata as well as to neutrals, than 
open and active hostilities could have been. These must have brought the 
questions at issue to a speedy decision, whilst the partial blockades and the 
siege without attack, were calculated if not intended indefinitely to suspend 
them. 

Whenever news reaches the United States favorable to peace between 
Buenos Ayres and Monte Video, the Department is applied to for fresh in- 
structions to you upon the subject of the claims of our citizens. 

1 Instructions, Argentine Republic, vol. 15. 

2 See below, this volume, pt. n, doc. 208. 

3 Instructions, Argentine Republic, vol. 15. 

John M. Clayton, of Delaware, who signed this instruction, was commissioned Secretary 
of State on March 7, 1 849. He tendered his resignation, on the death of President Taylor, on 
July 9, 1850. It was accepted to take effect on July 22, 1850. 

4 Dated March 14, 1849, below, this volume, pt. n, doc. 212. 



No. 19 WASHINGTON, December 26, 1849. 

SIR: Your despatches to N 4O, 2 inclusive, have been received. 

You may assure M r Arana that the recent proceedings of M r Edward A. 
Hopkins in the United States were in no way countenanced or encouraged by 
this Government. The Department had reason to distrust the facts ami 
speculations in regard to Paraguay contained in his publications, upon the 
subject of that country, and the distrust was confirmed upon reference to the 
report of M r Graham, which you mention. M r Hopkins, in conferences with 
me, vehemently urged the recognition of the independence of Paraguay by 
the United States, and more than intimated a wish to be the Agent of this 
Government for effecting this measure. In pursuing this course, he must 
have supposed that the Department kept no records or that the antecedents 
in which he is so conspicuous may have perished or have been forgotten. 
It is gratifying that the correctness of the decision of the Department in 
regard to his propositions, should be confirmed by the information which you 
communicate 

I am [etc.]. 

24 

John M. Clayton, Secretary of State of the United States, to William A . Harris, 
United States Charge <T Affaires at Buenos Aires 3 

No. 20 WASHINGTON, December 27, 1849, 

SIR: I transmit a copy of a letter under date the 24th instant and of the 
memorial which accompanied it, addressed to this Department by M r 
Seward of the Senate, asking for the interposition of this Government in 
behalf of Isaac P. Waldron and William H. Smyly, who were injured in their 
persons and property at the Falkland Islands in 1832, by Louis Vernet who 
claimed to be the Governor of those Islands under the authority of the Buenos 
Ayrean Government. You will press this case for an adjustment at the same 
time with those of the other citizens of the United States who were aggrieved 
by Vernet at those Islands. 

I am [etc.]. 

1 Instructions, Argentine Republic, vol. 15. 

2 That of October 10, 1849, below, this volume, pt. II, doc. 218. 

3 Instructions, Argentine Republic, vol. 15. 



DOCUMENT 26: APRIL 28, 1852 4! 

25 

Daniel Webster, Secretary of State of the United States, to John S. Pendleton, 
United States Charge d' Affaires at Buenos Aires ] 

[EXTRACT] 
No. 2 WASHINGTON, May 8, 1851. 

SIR: The unsettled condition of the relations of the Buenos Ayrean govern- 
ment with those of England, France and Monte Video, which has prevailed 
during the mission of your predecessor, has been alleged as a cause for the 
omission of that government to bestow such attention upon the business en- 
trusted to Mr. Harris as this government had a right to expect. Those re- 
lations, however, are understood to be now on a more pacific footing and 
although there has recently been some reason to apprehend a rupture be- 
tween Buenos Ayres and Brazil, it is hoped that by the time you reach your 
post, the differences between the governments of those two countries will 
have been accommodated, at least so far as not to present a fresh obstacle 
to the transaction and conclusion of the business confided to you. 



26 

Daniel Webster, Secretary of State of the United States, to John S. Pendleton^ 
United States Charge d' Affaires at Buenos Aires 2 

[EXTRACT] 
No. 6 WASHINGTON, April 28, 1832. 

SIR : I transmit a copy of an instruction which has been addressed by this 
Department to Mr. Schenck, the United States Minister to Brazil directing 
him to proceed to Buenos Ayres, for the purpose of joining you in negotiating 
a treaty with the Argentine Confederation or with the several States of which 
it may be or may have been composed. 3 Among the powers of which M? 
Schenck is the bearer are two authorizing him and yourself jointly or sever- 
ally to conclude a Treaty with Paraguay, and another with the Oriental 
Republic of Uruguay, respectively. If the new Buenos Ayrean Government 
should recognize the independence of Paraguay, it is presumed that the latter 
Republic will send a representative to Buenos Ayres, to whom overtures on 

1 Instructions, Argentine Republic, vol. 15. 

John S. Pendleton, of Virginia, to whom this was addressed, was commissioned charge 
d'affaires on February 27, 1851. He was formally presented to the appropriate authorities 
at Buenos Aires, on September 12, 1851, where he served, apparently continuously, until he 
took leave on March n, 1854. While charge' at Buenos Aires, he was, on April 27, 1852, 
empowered to negotiate, in cooperation with Robert C. Schenck, minister to Brazil, treaties 
of commerce with Paraguay and Uruguay. Previously, he had been commissioned charge 



42 PARTI: COMMUNICATIONS TO ARGENTINA 

the subject may be addressed. If, however, this should not take plaoc, 3V- 
Schenck will make similar overtures to the representative ot Paraguay, 
Rio de Janeiro, should there be one there. But if there should be no su 
functionary at Rio, it is not contemplated that either of you should * 
juncture proceed to Paraguay for the purpose. 

You may consult your own convenience in regard to proceeding to JVi<- 
Video, for the purpose of negotiating with the government of the Orieiv 
Republic. 



27 



Edward, Everett, Secretary of State of the United States, to John S. 
United States Charge d' Affaires at Buenos Aires 

[EXTRACT] 
No. 10 WASHINGTON, December 2, 

SIR: I have the pleasure of acknowledging the receipt of the treat, y << 
eluded by M* Schenck and yourself with the Oriental Republic of UrnguJ 
and of congratulating you upon the successful and satisfactory issue of t 
mission which has occupied the special attention of yourself & your colleagi 
The President will, doubtless, avail himself of an early opportunity of co 
municating the Treaty to the Senate for its consideration. 



28 

Edward Everett, Secretary of State of the United States, to John S. 
United States Charge d' Affaires at Buenos Aires z 

No. 12 WASHINGTON, February i, JTcVjjV?. 

SIR: I transmit a copy of a letter which has this day been addressed 
this Department to Lieutenant Thomas Jefferson Page, who is about 
proceed to Paraguay under orders from the Navy Department. You v 
perceive that he has been authorized and instructed to cooperate witili IV 
Schenck and yourself in negotiating a Treaty with that Republic. It 
possible, however, that the business of the Legation at Buenos Ayi-es 
other circumstances may not render it convenient for you to accompsi 
Lieutenant Page. If, however, you should go with him you will be allcrvv 

1 Instructions, Argentine Republic, vol. 15. 

Edward Everett, of Massachusetts, who signed this instruction, wa.s commissioned Set 
tary of State on November 6, 1852. His resignation of March 3, 1853, was "to take effect 
the close of the present session of Congress." Previously, he had been commissioned em 

pYtranrriinnrv flnrl ministpr nlpninntpntinrv to rirpnt Rritain Sentom'Ktti- T -i rfi/ir frnt-i-i rli 



DOCUMENT 30: OCTOBERS, 1853 43 

your necessary travelling expenses, of which you will keep an accurate 
account, to be supported by vouchers in every instance where they can be 
obtained. For the amount of these expenses, you will draw on this 
Department. 

Your last despatches to N? 20, l inclusive have been acknowledged in my 
N? ii. 

I am [etc.]. 

29 

A. Dudley Mann, Acting Secretary of State of the United, States, to John S. 
Pendleton, United States Charge d' Affaires at Buenos Aires 2 

[EXTRACT] 
No. 15 WASHINGTON, July 30, 1853. 

SIR: Your despatches N os 27 and 28, 3 with the accompanying Treaty 
negotiated with the Republic of Paraguay, were received at the Department 
by the hands of Captain Adams. N B 29 and 30 4 are also received. 



30 

William L. Marcy, Secretary of State of the United States, to John S. Pendleton, 
United States Charge d' Affaires at Buenos Aires 5 

No. 1 6 WASHINGTON, October 8, 1853. 

SIR: In your despatch N? 25, dated on the 4th March last, 6 you state 
that the Power authorizing you, either individually, or conjointly with Mr. 
R. C. Schenck, to negotiate a Treaty with the Republic of Paraguay, had not 

1 Dated at Buenos Aires, October 26, 1852, below, this volume, pt. n, doc. 247. Instruc- 
tion No. 1 1 has not been included in this publication. 

2 Instructions, Argentine Republic, vol. 15. 

A. Dudley Mann, of Ohio, who signed this instruction as Acting Secretary, was the first 
person to hold the office of Assistant Secretary of State. The office was created by the sixth 
section of the civil and diplomatic appropriation act, March 3, 1853. Mr. Mann was com- 
missioned by President Pierce, March 23, 1853. He resigned, and his successor was com- 
missioned May 8, 1855. Mann had previously served as a special agent, being empowered, 
March 27, 1846, to negotiate a treaty of commerce and navigation with Hanover. On the 
following day, he was empowered to negotiate similar treaties with Mecklenburg-Schwerin 
and Oldenburg. On June_i5, 1850, he was empowered, as special agent to Switzerland, to 
negotiate a treaty concerning friendship, commerce, extradition, etc. 

3 Dated, respectively, April 22 and May I, 1853. For the texts, see below, the volume and 
part containing Communications from Paraguay. 

4 Dated respectively, May 4 and June i, 1853, below, this volume, pt. n, docs. 255 and 256. 

5 Instructions, Argentine Republic, vol. 15. 

William L. Marcy, of New York, who signed this instruction, was commissioned Secretary 
of State on March 7, 1853, and served until his resignation on March 4, 1 857. Before this, he 
had served the Department of State as a member of the Mixed Claims Commission, from 
August 17, 1840, until February 25, 1845, under the convention of April n, 1839, between the 
United States and Mexico. 

6 See below, volume and part containing Communications from Paraguay. 



44 



PART I : COMMUNICATIONS TO ARGENTINA 



been received, although the Government of Paraguay had overlooked that 
informality and concluded the Treaty which was transmitted with your 
despatch. 

Your omission to present the proper and usual Power, has also been noticed 
by the President of Paraguay in a letter to the President of the United States, 
of the date 12 th March last. 

A certified copy of the credential which was forwarded to Mr. Schenck on 
the 29th April '52 , l would have been transmitted to you ere this time, but 
that step has been delayed in the hope that each succeeding despatch from 
you would acknowledge the receipt of the missing Power. As this anticipa- 
tion has not been fulfilled it is deemed proper to furnish you with certified 
copies of that document in order that you may justify the representations 
which were, (with entire propriety) made by you to the government of 
Paraguay. These copies are herewith enclosed. 

I also transmit a letter from the President to His Excellency the President 
of Paraguay, together with an office copy of the same which you will forward 
with the original to the Minister for Foreign Relations of that Republic. 

Your despatches to N? 31, inclusive, and N. s 32 (i4th July duplicate 
copy) and 34, 2 (24th July) have been received, together with the copy of the 
Treaty for the free navigation of the Parana and Uruguay rivers concluded 
with the Provisional Director of the Argentine Confederation, on the io th 
July last. It affords me pleasure to congratulate you upon this auspicious 
termination of the arduous exertions of yourself and your colleague Mr. 
Schenck. 

I am [etc.]. 

31 

William L. Marcy, Secretary of Slate of the United States, to James A. Peden, 
United States Minister Resident in Argentina 3 

[EXTRACTS] 
No- 2 WASHINGTON, June 29, 1854. 

SIR : In addition to the letter accrediting you to the Government of Buenos 

Ayres, you are furnished herewith, with a letter of credence to that of the 

Argentine Confederation. In determining the priority of the presentation 

of these respective letters, you will be governed by the relative position of the 

1 See below volume and part containing Communications to Brazil. 

inducted* this JSliSti^' ^ V 1Ume ' *' "' ^ * 57 *** ^ HUl N ' 3I iS "<* 
3 Instructions, Argentine Republic, vol. 15. 

S ~ ?S en ' u f F i r i^ * whom this instr uction was addressed, was commissioned, 
' 5- I8 54. charge d'affaires to the Government of Buenos Aires and, on June 29 
S 7? R ' A- July ^' l8 ^' there was fo arded to him a commission as 
u' and ' n July u l8 ' I8 5 6 ' a commission as minister resident to 



DOCUMENT 31 : JUNE 2Q, 1854 45 

two powers at the time of your arrival in that quarter, for this Department 
Is not so fully advised in respect to the present political condition of the 
Argentine Confederation and the Province of Buenos Ayres, as to prescribe 
the course which under all circumstances will be the most judicious. 

Shortly after the overthrow of Rosas, in February, 1852, a general con- 
vention of all the Governors of the Provinces composing the Argentine Con- 
federation was held at San Nicolas, in Buenos Ayres, at which a provisional 
government was adopted, and measures were concerted for a future Congress 
to be charged with the duty of framing a permanent federal Constitution. 
At this Convention Buenos Ayres was represented by Don Vincente Lopez, 
the Governor of that Province. The Sola (or Legislature) of this State 
refused however to ratify the compact adopted by the representatives of the 
fourteen States, and General Urquiza, who had been invested with extraordi- 
nary powers by the provisional code, dissolved the Sala, and appointed 
a new temporary local government, at the head of which he placed Don 
Vincente Lopez. Subsequently, however, upon the departure of General 
Urquiza this government was deposed by the Buenos Ayreans, who resumed 
the control of the city. 

The Congress at Santa Fe, held in accordance with the compact of San 
Nicholas, adopted a Constitution for the Argentine Confederation, almost 
identical with that of the United States. This Constitution expressly 
stipulated for the accession of Buenos Ayres to its terms, should that 
Province elect to give in her adhesion to the common cause. This step, 
it is believed, has never been taken; on the contrary, it appears that she still 
maintains her independent attitude, and that General Urquiza has been 
recently installed as the President of the thirteen remaining Provinces of the 
Confederation. 

It has been deemed proper thus briefly to sketch the recent history of 
these States, in order that your sphere of duties may be more distinctly 
understood. 

You are aware that this government recognizes others with which it may 
think proper to enter into diplomatic relations when it is believed that they 
are capable of fulfilling the obligations and discharging the duties of inde- 
pendent States. The Government of Buenos Ayres, as this Department 
understands, had its origin in a popular demonstration against the exercise 
Df what were believed to be the extraordinary powers conferred by the Con- 
vention of San Nicholas upon General Urquiza. It has thus far maintained 
'tself in its independent attitude; the City of Buenos Ayres probably possesses 
nine tenths of the wealth of all the Provinces ; and our commercial relations 
with that State are of corresponding importance. Under these circum- 
stances it may be advisable to enter into treaty stipulations with Buenos 
Ayres. For that purpose, a full Power is herewith enclosed, of which you 
will avail yourself, if after careful observation you are convinced that Buenos 



4 6 PART It COMMUNICATIONS TO ARGENTINA 

Ayres will maintain its independence, and if you find a disposition on the 
part of her government to negotiate. . 

At as early a period as may be convenient, you will repair to Parana the 
Capital of the Confederation, where you will present your letter of credence 
to that government, and at the same time announce your readiness to ex- 
change the ratifications, severally, of the two treaties negotiated with that 
Government, by the Representatives of the United States in July last. 
Two Full Powers, authorizing you to make the exchange are herewith 

transmitted. ... . 

In the negotiation of these two important treaties conceding as they do 
many commercial advantages to the citizens of the United States, General 
Urquiza has manifested a spirit of liberality and friendship from which the 
most favorable results may be anticipated. This disposition will render your 
official residence advantageous to the interests of both countries. 

So soon after exchanging the ratifications of the Argentine treaties as may 
be convenient, you will repair to Monte Video and exchange the ratifications 
of the Treaty with Uruguay with which you are charged. Full Powers and 
a corresponding certificate for that purpose are herewith furnished, and you 
will proceed as has been directed with regard to the other Treaties. It is 
desirable that you forward the exchanged copy by the same messenger to 
whom you entrust the other Treaties. 

You will be allowed your actual and necessary expenses in proceeding to 
and from Parana and Monte Video, of which you will keep an account, 
which must be supported by vouchers when they can be obtained. It is 
to be understood, however, that these expenses are not to include those 
attending your residence in those Cities. 

I am [etc.]. 

32 

William L. Marcy, Secretary of State of the United States, to James A . Peden, 
United States Minister Resident in Argentina 1 

No. 20 WASHINGTON, July 14, 1836. 

SIR: The diplomatic representatives of several of the European powers, 
which were parties to the late Paris Conference, have very recently presented 
to this government "the declaration relative to neutral rights" adopted at 
that Conference, and, on behalf of their governments, asked the adhesion of 

1 Instructions, Mexico, vol. 17. In Instructions, Argentine Republic, vol. 15, this 
instruction of July 14, 1856,^0 Peden is not_ transcribed ; but in the margin, following the 
close of instruction No. 19, is the following inconspicuous entry: "No. 20. July 14, 1856. 
Same as No. 66 to Gen} Gadsden Mexico." The transcript for this publication is, conse- 
quently, from the instruction to Gadsden. The instruction of July 18, 1856, to Peden, was 
piven the same No. 20. evidentlv through inadvertence. This instrnH-inn nf Tulv TA rftcfi 



DOCUMENT 32: JULY 14, 1856 47 

he United States to it. It is presumed that the same course has been 
idopted by the confederated powers towards other nations. The United 
States have learned, with sincere regret, that, in one or two instances, the 
our propositions, with all the conditions annexed, have been promptly, and 
his government cannot but think unadvisedly, accepted without restriction 
>r qualification. 

It is well known that the United States, about two years since, opened 
tegotiations with maritime nations for the general adoption of the 2$ and 
^ propositions contained in the Paris declaration, and that the fourth is but 
:he annunciation of a principle of international law now universally recog- 
dzed. The conditions which are to accompany the acceptance of the propo- 
rtions of the Paris Conference will, as a necessary consequence, defeat the 
icgotiations of the United States for the adoption of the 2^ and 3*? of the 
eries with every power which has adhered, or may determine to adhere, to 
'the declaration." In the first place, all the four propositions must be 
aken, or none; and second, they must be taken not only indivisibly, but 
vith the surrender of an important attribute of sovereignty, that of ne- 
gotiating with any nation on the subject of neutral rights, unless such nego- 
iation embrace all the propositions contained in the Paris "declaration." 
Vny nation might well hesitate before making such a surrender. 

Some of the powers which are parties to that "declaration," and many 
vhich are invited to concur in it, are under solemn treaty stipulations with 
:he United States, and it is presumed they are with other nations, in which 
:he right to resort to privateers is not only recognized, but the manner of 
:mploying them is regulated with great particularity. How the proposed 
lew engagement can be reconciled with the faithful observance of existing 
reaty stipulations on the subject cannot be easily perceived. 

I shall not, in this despatch, remark upon the incompatibility of these 
>bligations, nor shall I now exhibit the views which this Government enter- 
:ains of the fatal consequences likely to result from the new doctrine now 
ittempted to be introduced into the maritime code, to most commercial na- 
ions, and especially to those which are not burdened, or may not choose to 
>urden themselves, with large naval establishments. 

The right of a commercial State, when unhappily involved in war, to em- 
)loy its mercantile marine for defence and aggression, has heretofore proved 
:o be an essential aid in checking the domination of a belligerent possessed of 
i powerful navy. By the surrender of that uncontested right, one legitimate 
node of defence is parted with, for a like surrender only in form by a strong 
laval power, but in effect the mutual surrender places the weaker nation 
nore completely at the mercy of the stronger. While the former loses, the 
atter gains by the mutual surrender, and the freedom of the seas is much 
nore completely given up to a few great powers which have the means and 
:he disposition to maintain large navies. This government will more fully 



4 PART I: COMMUNICATIONS TO ARGENTINA 

develope its views as to the operation of the first principle of the Paris ' ' dec 
ration" that in relation to the abandonment of the right to issue letters 
marque in its reply to those powers which have invited its concurrence 
that "declaration". The measure, unless it gives a full application to t 
principle upon which it is based, and is made to withdraw private proper 
upon the ocean from seizure by public armed vessels, as well as by privatee 
will be exceedingly injurious to the commerce of all nations which do r 
occupy the first rank among naval powers. 

I am directed by the President to instruct you to present this general vu 
of the subject to the government to which you are accredited, in the ho 
that it may be induced to hesitate in acceding to a proposition which is he 
conceived to be fraught with injurious consequences to all but those pow< 
which already have or are willing to furnish themselves with powerful navi 

I am [etc.]. 



33 

Instruction from the Department of State to James A. Peden, United Sla 
Minister Resident in Argentina 1 

No. 20 WASHINGTON, July 18, 1856. 

SIR: With this despatch you will receive your Commission as Minisl 
Resident from the United States to the Argentine Confederation. You \v 
of course take up your residence near that government. 

The act of Congress passed on the i flt of March '55 provides for a legati 
at that republic, but not for one at the State of Buenos Ayres. Whether t 
President will accredit you also to the latter State will probably depe: 
upon the political relations which may hereafter exist between Buenos Ayi 
and the Argentine Confederation, of which Buenos Ayres was formerly 
constituent part. This government, while it sincerely regrets the secessi 
of Buenos Ayres, will not undertake to express a decided opinion as to t 
sufficiency of the causes which produced that result. Had this separati 
been cheerfully acquiesced in by the Argentine Confederation, the Gover 
ment of the United States would not be reluctant to establish diploma 
relations with Buenos Ayres. 

You informed the Department in your despatch N? 39 2 that the Xrea 
between the Confederation and the State of Buenos Ayres is no longer 
force and this government is now disposed to regard the relation of the l-< 
ter to the former the same as it was before that Treaty had existed. 

As a matter of common interest to both parties as well as to other powe 
a reunion of Buenos Ayres with the Confederation is desirable, and t 

1 Instructions, Argentine Republic, vol. 15. 

2 Dated, April 23, 1856, below, this volume, pt. n, doc. 277. 



DOCUMENT: 33: JULY 18, 1856 49 

United States are unwilling to do anything which will encourage any es- 
trangement between them. 

This Government considers it to be its duty to transfer you to the Argen- 
tine Confederation. You are therefore instructed to take your leave of the 
Government of Buenos Ayres. On doing this you will explain the views of 
your Government as herein presented in the manner which may be most 
acceptable to it, and assure the authorities of Buenos Ayres that this course 
is not taken in any unfriendly spirit towards that State, or with the intention 
to interfere in the controversies which may exist between it and the Argen- 
tine Confederation. Believing it to be for the common benefit of the parties 
concerned as well as for the general interest of commerce that there should 
be a good understanding between them, you will use all the influence which 
can be properly exerted by you as a diplomatic representative of a foreign 
Government, for the accomplishment of that object. 

There is no doubt that both Great Britain and France concur in this view 
of the subject and that their representatives to the Argentine Confederation 
will pursue the same policy herein suggested for your conduct. 

The President is desirous of establishing most friendly relations and free 
commercial intercourse between the United States and those of Southern and 
Central America, and with none more so than with those on the Plata and its 
tributaries. You will therefore regard it to be an important part of your 
mission to impress this sentiment upon the governments and people of those 
States. 

An eminent citizen of the Argentine Confederation, Mr. Alberdi, ap- 
pointed Minister to England, on his way to the place of his destination about 
a year ago passed through the United States. After hearing his explanation 
of the political relations between the State of Buenos Ayres and that Con- 
federation, this government settled the policy which it thought proper to 
pursue, believing that it would readily be concurred in by other commercial 
nations. This policy was disclosed in a despatch addressed to Mr. Bu- 
chanan, our Envoy Extraordinary and Minister Plenipotentiary to Great 
Britain. It has not been since changed, and therefore a copy of that des- 
patch is herewith transmitted for your guidance. 1 

There has been a failure rather the result of accident than design on the 
part of Paraguay to exchange the ratification of the treaty concluded be- 
tween that Republic and this government. It is desired by the United 
States that the exchange should take place and Mr. Richard Fitzpatrick, 
who has been appointed the Secretary to the United States Legation to the 
Argentine Confederation, is officially authorized to proceed immediately to 
Paraguay for that purpose. 

A company of American citizens called ' the United States and Paraguay 



O1 



50 PART I: COMMUNICATIONS TO ARGENTINA 

Navigation Company' was established in manufacturing business 
territory of Paraguay with the full consent of the government of that 
try. A misunderstanding unfortunately arose between that Govern nn 
and the United States Consul Mr. Hopkins who was the agent of 
Company. The authorities of Paraguay not only broke up the Compa 
but seized its property. The conduct of Paraguay appears to have been ] 
only unjust and oppressive but to have produced the loss of a large arnoi 
of property. Mr. Fitzpatrick will be instructed to present to the Paraguay 
Government a claim for the damages sustained by its unjustifiable proce 
ings towards the Company. Should there be, as there probably will 
difference of opinion as to the character and the amount of indemnity 
which the Company is entitled, Mr. Fitzpatrick will be instructed, to 
vestigate the transaction and report thereon to this government. It is mi 
to be desired that an amicable adjustment should be made of this unp>leas< 
affair. 

Mr. Fitzpatrick will also be instructed to enquire into the circumststrtcej 
the firing into the United States Steamer The Water Witch from, wh 
resulted the death of one of the persons on board. If satisfactory e>cplai 
tions are not given the United States will demand adequate satisfaction 
the injury and insult. 

Mr. Fitzpatrick will be furnished with particular instruction in relat 
to these matters. He will of course visit Paraguay immediately after 
arrival in the Plata region, and not enter on the discharge of his duties 
Secretary of Legation until he joins you after visiting Paraguay. 1 



34 

William L. Marcy, Secretary of State of the United States, to James A. . JPed 
United States Minister Resident in Argentina 2 

No. 24 WASHINGTON, August 29, 1856 

SIR: Some of the powers which were represented in the late Cong;ress 
Plenipotentiaries at Paris, have presented to this Government, for its c< 
currence therein, the principles and propositions respecting neutral rigl: 
contained in Protocols 23 and 24. Pursuant to the direction of the IPn 
dent, I have replied to that application on the part of France, by a n 

1 Neither the signature nor the customary polite closing paragraph was copied in 
Department's file copy of this document. It appears to have been left open for a. pass 
addition to the instruction. 

2 Instructions, Mexico, vol. 17. In Instructions, Argentine Republic, vol. 15, tl- 
occurs, at the appropriate place, the following entry: "No. 24 August 29, 18,56 
James A. Peden, Esquire, Relative to Maritime Law Same as despatch No. 5 t:o 
Forsyth Mexico." The transcript was made therefore from the instruction to * 






Majesty the Emperor of the French to this Government. With a. copy 
of that reply you are herewith furnished. The views of the President on 
the subject are presented in that note. He finds himself unable to agree to 
the first principle in the "Declaration" contained in Protocol N 23 
which proposes to abolish privateering, or to the propositions in the Protocol 
N 24, which declares the indivisibility of the four principles of the "declara- 
tion," and surrenders the liberty to negotiate in regard td neutral rights 
except on inadmissible conditions. It can not have been the object of the 
Governments represented in the Congress at Paris to obstruct the adoption 
of principles which all approve and are willing to observe, unless they are 
encumbered by an unrelated principle to which some governments cannot 
accede without a more extended application of it than that which is proposed 
by the Paris Congress. 

You are instructed by the President, to propose to the Government of 
the Argentine Confederation, to enter into an arrangement for its adherence 
with the United States to the four principles of the Declaration of the 
Congress, provided the first of them is amended, as specified in my note to 
the Count de Sartiges. Without such amendment, the President is con- 
strained for many weighty reasons, some of which are stated in that note, 
to decline acceding to the first principle of the "Declaration". The Presi- 
dent, however, will readily give his assent to the remaining three principles. 
He entertains the hope that the powers represented in the Congress at Paris 
will take early measures to release each other from the restrictions imposed 
by Protocol N 24. He is much encouraged by the recollection that France 
as well as Russia and Prussia, has, heretofore, favored liberal doctrines in 
regard to neutral rights and the freedom of the seas in the hope that these 
powers will concur in the course suggested in the note addressed to Count 
de Sartiges. 

The solicitude of the President to maintain the most friendly relations 
with the Government of the Argentine Confederation, makes it also important 
for him to know what will be the treatment of American privateers upon 
the high seas and in Argentine ports, in case the United States should un- 
happily be at war with any other power which has acceded to the Declara- 
tion. It is not reasonable to expect that they will ever forego a resort to 
privateers in case they become involved in war with a commercial State. 
If such war should happen with a nation which has acceded to the ' ' Declara- 
tion" proposed by the Congress at Paris will the neutral nations which may 
have also acceded to it, treat our privateers in any respect differently from 
the manner in which they have been heretofore treated by them? Will the 
privateers of the powers which do not become parties to the Declaration 

1 Not included in this publication. Its character is sufficiently indicated in this docu- 
ment. 



receive the same immunities in all neutral ports which have been hereto! 
accorded to such privateers? To prevent future misunderstanding, ii 
important that on these points this Government should be furnished \\ 
the views of the Governments which have agreed to that "Declaration" 
may accede to it. You are therefore instructed by the President to in; 
these inquiries of the Government of the Argentine Confederation. 

Though the President does not seriously apprehend that the rights of 
United States in regard to the employment of Privateers will be after 
directly or indirectly by the new state of things which may arise out of 
proceedings of the Congress at Paris, yet it would be gratifying to him 
be assured by the government of the Argentine Confederation that no 11 
complications in our relations with it are likely to spring from those proce 
ings. He trusts that, so long as Argentina 1 is, and he anxiously desi 
she should ever be, a friendly power, her ports will be, as they heretnf 
have been, a refuge from the dangers of the sea and from attack, as well 
our privateers as for our merchant vessels and national ships of war in : 
event of hostilities between any other power and this country. 

I am [etc.]. 



35 

William L. Marcy, Secretary of State of the United States, to James A . Fed 
United States Minister Resident in A rgentina 2 

No. 26 WASHINGTON, February 10, 1857. 

SIR: In my despatch to you (N? 20) dated i8th. July, last, 3 you w< 
informed of the determination of this Government to discontinue the Lcj, 
tion- of the United States at Buenos Ayres, and to establish one near t 
Government of the Argentine Confederation. You were instructed to ta 
your leave of the Government of Buenos Ayres. With this positive a 
unequivocal order you received a Commission as Minister Resident to t 
Argentine Confederation, accompanied by proper credentials for the est.i 
lishment of a Legation of the United States in that Republic. That y 
should have hesitated to carry out this order and, to go still further reft 
to obey it, until you shall receive further instructions is a matter of surpr 
and regret. 

The reason you give for your course is most unsatisfactory. The poll 
which this Government has seen fit to adopt in regard to Buenos Ayres 
different from that which you have advised and approve and you therefc 

1 Whether this word was used appears doubtful. The name "Argentine Confederate 
substituted for "Mexico", elsewhere, hardly seems appropriate here. Just what W( 
was used could probably be learned only by consulting the original, supposedly on file 
the present embassy at Buenos Aires. 

2 Instructions, Argentine Republic, vol. 15. 3 See above, this part, doc. 33. 



DOCUMENT 36: OCTOBER 23, 1857 53 

feel authorized to continue my [your] diplomatic connection with both 
overnments for the present, and postpone taking leave of this" [Buenos 
yres]. The order given to you did not suspend upon any contingency of 
hich you were to judge, nor was there any thing in the instructions from 
ds Department to countenance your very extraordinary assumption that 
ic policy settled here was not to be carried out if it did not command your 
jprobation, or that it was to be suspended until revised on consideration 

your objections to it. Those instructions were positive and clear. The 
3tice of your appointment as Minister Resident to the Argentine Confedera- 
on and the receipt of orders from the President to leave Buenos Ayres 
rminated your mission there. The former commission was superseded 
f the latter. The directions contained in my despatch N 20 are now 
nphatically repeated. Should you determine not to comply with them 
DU will at once hand over the archives of the Legation to Mr. Fitzpatrick 
ic Secretary of the Legation, or, in case of his absence, to the United 
tates Consul at Buenos Ayres who will be instructed to receive them, 
hat done, your functions as Minister Resident of the United States 
ill cease. 

The President having determined to discontinue diplomatic relations with 
uenos Ayres will take no action upon the Treaty which you forwarded to 
lis Government. 

Your despatches to 63 1 inclusive have been received. 

I am [etc.]. 



36 

ewis Cass, Secretary of State of the United States, to Mirabeau B. Lamar, 
United States Minister Resident in Argentina 2 

[EXTRACT] 
[o. 2 WASHINGTON, October 23, 1857. 

SIR: Your predecessor was furnished with credential letters both to the 
rgentine Confederation and to the Government of Buenos Ayres. It is 
ot now contemplated to place you in diplomatic relations with the latter 
tate. This determination does not involve any change in the condition 
[ affairs now existing between the United States and those. Governments. 

1 Not included in this publication. 

2 Instructions, Argentine Republic, vol. 15. 

Lewis Cass, of Michigan, who signed this instruction, was commissioned Secretary of 
:ate on March 6, 1857. He continued in the post until his resignation on December 12, 
!6o. He had previously been commissioned minister to France on October 4, 1836, from 
hich post he took leave on November 12, 1842. 

Mr. Larnar did not go to assume his duties in Argentina, having been transferred to 
icaragua. It is deemed worth while, however, to include the instruction since it shows the 
epartment's policy at the time; it was repeated, verbatim, on August 25, 1858, to 
enjamin C. Yancey. 



54 PARTI: COMMUNICATIONS TO ARGENTINA 

On the 'contrary, it is only pursuing the policy adopted here more th 
year ago, to which, however, full effect has not been given by our Min 
in that quarter until recently. 

By referring to the instruction of Mr. Marcy to Mr. Peden, of the i8 th 
I856, 1 you will perceive the grounds upon which he was directed to \ 
draw the Legation from Buenos Ayres and to establish it at Parana, 
measure was adopted in no spirit of discourtesy or unfriendliness to 
Provincial Government of Buenos Ayres; so far from it, that Mr. Peden 
directed to inform the authorities of that Province that we had no dispos: 
to interfere in the controversies which existed between it and the Confec 
tion nor indeed did we express any opinion as to the sufficiency of 
causes which had produced the estrangement between Buenos Ayres anc 
thirteen sister States. 

It was, and it is sufficient to recognize the fact that, in 1853, this Go\ 
meat, together with those of Great Britain and France thro' their diplon 
representatives, concluded important Treaties of Friendship, Commerce, 
free Fluvial Navigation with the de facto Government of the Argen 
Confederation. Those Treaties opened to all the riparian States the c 
mercial opportunities and advantages which, hitherto, had been exciusi 
controlled and enjoyed by Buenos Ayres. Dissatisfied with a policy w 
removed the barriers she had set up to confine trade to her own capit 
and blind to the fact that, seated as she was at the common door t 
which alike must pass the trade and travel to and from the regions of 
Salado, the Paraguay and the Uruguay, every vessel which sailed ii] 
down those rivers would pour tribute into her lap, she formally prote 
against the execution of the Treaties of commerce and free navigation 
withdrew from the sisterhood of which she was naturally and political 
member. 

Under these circumstances there was but one consistent course to be 
sued by those Governments which had entered into Treaty stipulations A 
the Confederation. That was to discountenance the selfish and illib 
policy of Buenos Ayres and to bestow the moral weight and influent- 
diplomatic relations upon the Government which had been prom pi 
recognize the liberal commercial principles of the age. Our instruct 
to Mr. Peden to that effect were not, probably, as early as those to 
Ministers of France and Great Britain from their respective Governrne 
but we were not without hopes of promoting, thro' the instrumental! t 
a diplomatic agent equally acceptable and accessible to both parti< 
their reconciliation and complete reunion. When this prospect vani* 
Mr. Peden was directed to repair to Parana. 



A lit- -I U - 



DOCUMENT 36: OCTOBER 23, 1857 55 

of May 1857 after the order had been peremptorily repeated, 1 that Mr. 
Peden repaired to Parana to discharge his official functions near the Gov- 
ernment of the Confederation. 

By this delay on his part to obey the instruction of July, 1856, the Gov- 
ernment of the United States is made, in the message of President Urquiza 
to the Congress of the Argentine Confederation at its opening on the 25th 
May 1857, to occupy a false position before the world. In that message the 
President says : 

The illustrious governments of France, England, Sardinia, Brazil, and 
Chile, the high expression of justice and civilization in the ancient and 
new world, have acknowledged in my Government the National au- 
thority of the Argentine Republic, ceasing their diplomatic relations 
with the Government of the dissident Province, from which place they 
have withdrawn their agents, in order to accredit them near the Govern- 
ment of the Confederation only. The Government of the United States 
of America which has recognized the same principle, has not yet pursued 
the course incident to it, for reasons which I do not know, but which certainly 
do not gainsay its recognized faith. 

Those "reasons " were simply the delay of our Minister to comply with his 
explicit instructions. 

It will be your duty to acquaint the Government of the Argentine Con- 
federation with the true state of the case. 

You will impress upon that Government the idea that the United States 
earnestly desire to give f ul 1 force and effect to the Treaties which mutually 
bind the interests of both countries. With that view, you will not fail to 
seize the opportunities which may be afforded by your residence at Parana, 
for the purpose of encouraging the increase of the commerce between the 
Confederation and our own States. In your intercourse with the leading 
people of the country whither you are going you may suggest the advan- 
tages to be derived from a recourse to our markets for such foreign 
manufactures as their wants demand, and in your communications to 
this Department you may, on the other hand, indicate what produc- 
tions of that country are most available to meet the requirements of our 
citizens. 

While you are not officially accredited to Buenos Ayres, you will not, 
of course, suppose that intercourse with the authorities of that Province is 
inhibited. But such intercourse will be, during the present condition of 
affairs at least, personal and unofficial on your part. You are authorized to 
express the views of this Government whenever, in your discretion, any 
good impression is likely to be made; but you will not fail to observe the 
caution conveyed to your predecessor, not "to interfere in the controver- 
sies" between the two parties. Much may be accomplished by you in the 
1 See the instruction of February 10, 1857, above, this part, doc. 35. 




5 6 PART I: COMMUNICATIONS TO ARGENTINA 

exercise of unobtrusive and judicious good offices towards reconciling 
Province to the Confederation. 1 . . . 
I am [etc.]. 



37 

John Appleton, Acting Secretary of State of the United States, to Benjarni* 
Yancey, United States Minister Resident in Argentina* 

No. 3 WASHINGTON, August 26, 185}. 

You have been made aware that serious differences exist between 
government and that of Paraguay. From their origin and character ; 
the remoteness of that country, there was reason to question whethe 
would be practicable honorably and satisfactorily to adjust them, un 
the President were authorized to use coercive measures to that end. 
consequently applied to Congress for the necessary power, which has b 
granted. The commissioner to that country for whom provision has ; 
been made by Congress, will soon proceed thither. Inasmuch, howe 
as you will reach Parana before he does, it may be in your power to obi 
information which will be useful to him and to explain to persons in autho 
there the purposes of your government. You will give it to be distim 
understood that we have no disposition to oppress Paraguay but hope t 
the government of that country will give such a favorable consideratior 
our reasonable demands, that there will be no occasion to use the autho 
which has been conferred upon the President. We shall approach lier v 
the most friendly disposition and shall not without sufficient cause at>an 
the hope that this will be reciprocated and that all matters in dispute -wil 
amicably and satisfactorily adjusted. If, however, we shall ultimately 
disappointed, we deem it due to our national character every where 
especially in that interesting and important region, to be prepared vigoroi 
to resent the injuries of which we complain and the proper steps for 
purpose will consequently be taken. 

While you remain in Buenos Ayres, on your way to your post, you 
avail yourself of every proper opportunity to make these views knowr 
persons of consideration in that city, so that there may be no misapprel 
sion there as to the purposes of this Government with reference to Paragi 
In like manner you will endeavor to make them generally known in Pan 

* The omitted portion of this document relates to the contemplated selection and 
pointment of a consul at Rosario. 

2 Instructions, Argentine Republic, vol. 15. 

Benjamin C. Yancey, of Georgia, to whom this instruction was addressed, was i 
missioned minister resident to the Argentine Confederation on June 14, 1858. On AT; 
25, 1858, there was copied, as No. 2 in the series of instructions addressed to him., th 
text of the instruction addressed to MirabeauB. Lamaras No. 2, on October 23, 1857, at 

this narr. rlnr. -26 Vanrpv rparlipH Parana InY-o J NU-,rU,,.. o,-o T_T:^ r-,,-^>,-l ^,, 



DOCUMENT 38: JUNE 24, 1859 57 

after your official reception by the Government of the Argentine Confedera- 
tion. The President desires that the public opinion of those countries 
which are in the neighborhood of Paraguay should be, as far as possible, 
enlightened on this subject, and that the Paraguayan authorities should 
thus be led to a reasonable compliance -with our demands. While he may 
be compelled, in justice to our national honor and the rights of our citizens, 
to employ against Paraguay the force placed at his disposal by Congress, 
and will certainly do this if it becomes necessary, he means that it shall 
appear, nevertheless, that coercive measures were not adopted, until all 
those of a pacific character had proved unavailing. 

A copy of the Congressional Document containing the printed corre- 
spondence relative to Paraguay, is herewith communicated to you. 

I am [etc.]. 



38 

Lewis Cass, Secretary of State of the United States, to Benjamin C. Yancey, 
United States Minister Resident in Argentina J 

No. 5 WASHINGTON, June 24, 1859. 

SIR: Your despatches, during the progress of Judge Bowlin's special 
mission to Paraguay, 2 as well as his own direct communications to this 
Department, disclosed the earnest and friendly efforts of the Argentine 
Government to influence the policy of President Lopez towards a peaceful 
adjustment of the questions pending between the Paraguayan Government 
and that of the United States. 

Altho' our Commissioner was constrained, by a just sense of his duty, to 
decline the acceptance of the proposed official mediation of other Powers, 
the President is not the less sensible of the disinterested and amicable motives 
Df the neighboring Governments which tendered their good offices, nor does 
tie doubt the weighty influence which they really exercised in their less 
public but not less successful efforts to the same end. 

Accordingly, I have it in charge to acquaint you that the Government of 
the United States fully appreciates and highly esteems the friendly offices 
3f General Justo Jose Urquiza, the President of the Argentine Confederation, 
ind in order that the sentiments entertained by the President upon the 
subject may be made known to the Argentine government, you will com- 
nunicate a copy of this instruction to the Minister for Foreign Affairs. 

I am [etc.], 

1 Instructions, Argentine Republic, vol. 15. 

2 See several of them, below, this volume, pt. n. 



58 PART I : COMMUNICATIONS TO ARGENTINA 



James Buchanan, Secretary of State of the United States, to Justo J. de Urgui 

President of Argentina 2 

WASHINGTON, August 10, 1859 

GREAT AND GOOD FRIEND: It has afforded me very great pleasure 
receive your kind and friendly private letter of the I s * March last. 3 T 
was not delivered to me until the 8th. Instant by reason of an accide 
which Mr Ward the bearer of it has satisfactorily explained. I make t 
statement merely to account for the long delay in my answer. 

It has been a source of sincere satisfaction to me that the difficulties whi 
unfortunately existed between the Republics of Paraguay and the Unit 
States have been adjusted in a spirit of mutual friendship and with perf< 
honor to both parties. President Lopez throughout the whole transact! 
has displayed wisdom and justice as well as an enlightened spirit. I 
conduct has secured my regard and esteem. The Minister whom he propo; 
to accredit to this Country shall receive all the consideration and kind soc 
attention which his Representative will so well deserve; should this Minisi 
be his son, as is reported, it would be the more gratifying. 

I ought not to refer to this subject without expressing my grateful recog 
tion of the noble and successful efforts of your Excellency in aiding ]\ 
Bowlin in the holy work of restoring peace and friendship between the t 
Republics. These services will long be remembered by the American peop 

You kindly inform me that through the example of a policy on my pi 
high just and friendly I have drawn to my Country "the respect and t 
affection of the young Republics of the South towards their powerful sisi 
of the North whom they claim as their great pattern." If I have been 
any degree instrumental in accomplishing an object so desirable this v 
be a source of heartfelt satisfaction to myself throughout life. Whilst 
attributing so much to myself you have done me more than justice I 3 
can declare that from the moment the Southern Republics in this hemisphc 
emancipated themselves from the mother country I have never ceased 
regard them with the kindest feeling and the deepest interest. I have e\ 
wished they might enjoy liberty under the restraint of law and be bless 
with peace, progress and prosperity. Whenever a proper opportunity h 
offered throughout my public life, now drawing to a close, I have ne~N 
omitted to express these sentiments. There can never be any just cause 
jealousy between them and us. Mutual peace and friendship will promc 
the best interests of both. 

Providence has placed your Excellency in a most honorable and commar. 

1 Due to late discovery of this document in the files of the State Department, the num 
38a was given to it. 



DOCUMENT 39: SEPTEMBER 12, 1859 59 

g but at the same time a most responsible position. The fate of the 
lensive and fertile States composing the Argentine Confederation over 
hich you so worthily preside, teeming as they are with vast undeveloped 
sources must be influenced throughout all future time by your administra- 
Dn. The world as well as your own country has much to expect from your 
ell known ability, energy and wisdom. May you pursue such a course 
your high office as will render your name illustrious and your memory 
;ar to the hearts of your countrymen! May Providence be your guide 
id your protector. 

I am rejoiced that you speak so affectionately of my good friend Mr. 
owlin. He deserves all you have said in his commendation. I can assure 
>u that the esteem is mutual. All he has ever said respecting yourself 
is been calculated to elevate you in my estimation. 
From your friend and obedient servant. 



39 

etuis Cass, Secretary of State of the United States, to John F, Cushman, 
United States Minister Resident in A rgentina 1 

fo. 5 WASHINGTON, September 12, 1859. 

SIR: You will find by referring to the recent despatches of Mr. Yancey, 
ipecially those numbered 25, 26 and 27," that an interesting question has 
-isen as to the right of the Argentine Government to interfere in the com- 
Lercial intercourse of foreign nations with the ports of the province of 
uenos Ayres and of the Confederation itself. 

This question has arisen in consequence of the promulgation of a decree 
y the Executive of the Argentine Confederation prohibiting vessels which 
ave touched at Buenos Ayres from entering the ports of the Confederation 
nder severe penalties. 

The Department has no disposition, nor is there indeed any necessity, 
) enter upon a discussion of the principles involved in this decree, and 
hich have been so ably and lucidly examined by Mr. Yancey. It is enough 
) apprize you that the views he has expressed meet the concurrence of this 
>epartment, and if upon your arrival at Parana you find a disposition on the 
art of the authorities to execute the decree to the detriment of our com- 

1 Instructions, Argentine Republic, vol. 15. 

John F. Cushman, of Mississippi, to whom this instruction was addressed, was commis- 
oned minister resident to the Argentine Confederation on July 18, 1859. He reached 
uenos Aires on December i, and Parana, then, the capital, on December 20, 1859, and was 
irmally received on December 22, 1859, by the Vice President of the Confederation, Presi- 
snt Urquiza being absent at his distant country residence. He apparently continued to 
:cupy the post until February 17, 1861, when he took leave. 

2 See below, this volume, pt. n, docs. 352, 354, and 355. 



60 PART I: COMMUNICATIONS TO ARGENTINA 

merce and of the interests of our citizens, it will be your duty to assure the 
President of the Confederation that this Government cannot submit to such 
an infringement of the treaty of 10 July 1853, whose stipulations are dis- 
tinctly opposed to the pretensions embodied in the decree of the 2O th May, last. 
I am [etc.]. 



40 

William Henry Trescot, Acting Secretary of State of the United States, to 
John F. Cushman, United States Minister Resident in Argentina 1 

No. ii WASHINGTON, July 5, 1860. 

SIR: I have to acknowledge the receipt of your despatches N. s 8 and 9, 
enclosing a communication from the Minister of Foreign Affairs of the Argen- 
tine Confederation and your reply thereto. 2 

They have been submitted to the attention of the President and I am 
instructed to say that he has learned with great satisfaction, the high con- 
sideration for the institutions of the United States which his Excellency 
has been pleased to express and hopes that the example of the United States 
will have the happy effect upon the fortunes of the Argentine Republic which 
his Excellency so graciously anticipates. 

This Government, as you are aware, has always felt and on all proper 
occasions has expressed its deep interest in the welfare of the Argentine 
Republic. Believing that the stability of its Federal Union was the surest 
guarantee to the rest of the world of a participation in the advantages of 
its valuable and increasing commerce, while to the Republic itself it secured 
the prospect of an active, honorable and prosperous national life, this 
Government has always deprecated the narrow and mistaken policy which 
has hitherto induced the State of Buenos Ayres to distract the counsels of 
the republic by its continued assertion of an independent national existence. 

Not content with merely expressing to the Argentine Republic this 
interest, the Government of the United States as far back as September 
l8 55> by a despatch from this Department to Mr. Buchanan their Minister 
in England, 3 submitted its views upon the condition of public affairs of the 
Argentine Republic to the attention of Her Britannic Majesty's Government, 
and Mr. Buchanan communicated in return the cordial acquiescence of 
Lord Clarendon then Minister for Foreign Affairs, in the views and opinions 

1 Instructions, Argentine Republic, vol. 15. 

William H. Trescot, of South Carolina, who signed this instruction as Acting Secretary, 
had been commissioned Assistant Secretary on June 8, 1860. He resigned on December 10, 
1860. Previously, he had been commissioned secretary of legation to Great Britain on 
December 30, 1852, from which post his resignation was " to take effect early in May 1853." 

2 For the four communications alluded to in this sentence, see below, this volume, pt. 
II, docs. 366, 367, 368, and 369, all in 1860. 

3 For this despatch which was dated June 16, 1855, see below, the volume and part con- 
taining Communications to Great Britain. 



DOCUMENT 40: JULY 5, i860 6 1 

)f the Government of the United States which he had laid before him. The 
ame communication was made to the French Government through Mr. 
tfason and not without salutary effect upon the relations of the French 
Government and the Argentine Republic. 

The President has seen no reason to make any change in the policy then 
idopted by this Government. Indeed he is happy to acknowledge that the 
elations between the United States and the Argentine Republic have been 
trengthened by the wise and generous conduct of Gen: Urquiza the then 
listinguished head of the Argentine Republic in contributing by his deserved 
nfluence to the restoration of amicable relations between the United States 
ind Paraguay 

It is therefore with great regret that the President learns that Buenos 
^yres continues to maintain an isolated and offensive position in the con- 
ederacy and to separate her interests from those of the common country, 
le is persuaded that not only the whole Argentine Republic but the State 
f Buenos Ayres itself would be greatly benefitted by a more liberal under- 
tanding on the part of the State of Buenos Ayres, both of its interests and 
ts duties. And as he is satisfied that the great commercial nations of the 
vorld having interests in that quarter hold this opinion in common, he hopes 
hat the time is not far distant when the State of Buenos Ayres will recognize 
he strength that lies in unity of interests, institutions and government. 

You will therefore inform his Excellency that the President has received 
vith great sensibility this manifestation of confidence and consideration on 
he part of the Argentine Republic, and you will express his earnest hope that 
lerseverance in a line of conduct both wise and liberal will result in the 
issured stability and prosperity of the Argentine Republic. But you will 
ay at the same time that the President is not of opinion that it would be 
ither beneficial for the Argentine Republic or wise on the part of this 
Government to make the affairs of the Argentine Republic a subject of 
pecial instructions to the representatives of the United States at London, 
'aris and Rio de Janeiro. 

As your despatches do not contain such details as enable the President to 
arm a well considered opinion upon the probable result of such a condition 
f public affairs as you describe it is impossible to furnish you special in- 
tructions for contingencies which cannot be anticipated. It is deemed 
ufificient to call your attention to the established policy of this Government 
ot to interfere in the domestic difficulties of other powers and to caution 
ou against committing either yourself or your Government by the expres- 
ion of general opinions which may be either misunderstood or misapplied 
y those to whom they may be addressed. 

With this caution I am instructed to signify the President's approval of 
our reply to His Excellency. 

I am [etc.]. 



PART II 

COMMUNICATIONS FROM ARGENTINA 



COMMUNICATIONS FROM ARGENTINA 

41 

jeorge W. Slacum, United States Consul at Buenos Aires, to Tomds Manuel de 
Anchor ena, Minister of Foreign Affairs of Argentina ] 

BUENOS AIRES, November 21, 1831. 

The Undersigned Consul of the United States has the honor to make known 
to His Excellency The Minister for Foreign Affairs that he has this moment 
been informed of the arrival in this Port yesterday, of the American Schooner 
Harriet, Davison, Master, of Stonnington, a Prize to this Government, 
Forcibly taken at the Falkland Islands, by order of Governor Vernet. 

The Undersigned is at a loss to conceive upon what possible ground a 
bona-fide American Vessel, while engaged in a lawful trade, should be 
captured by an officer of a friendly Government and with which the United 
States are happily on terms of the most perfectly good understanding and 
amity. And he cannot bring himself to believe that the Government of 
Buenos Ayres will sanction an Act, which, under its present aspect must be 
viewed as one calculated materially to disturb them. 

The importance of this Subject has induced the Undersigned to lose not 
a moment in bringing it before His Excellency, The Minister, with the earnest 
request, and in the Confident expectation that he will with all convenient 
despatch inform him if this Government intends to avow and sustain the 
seizure of the aforesaid Vessel. 

The Undersigned avails himself of this occasion to renew to His Excellency 
the Minister the assurances of his highest Consideration and Respect. 

1 Despatches, Argentine Republic, vol. 4, enclosed with Slacum to the Secretary of State, 
No. 4, November 23, 1831, for which see below, this part, doc. 42. 

George W. Slacum, of the District of Columbia, was appointed consul at Buenos Aires on 
April 19, 1824. On the death of John M. Forbes, charge d'affaires to the Argentine Re- 
public, on June 14, 1831, Slacum assumed charge of the legation, apparently without spe- 
cific instruction or authorization, but continued to be consul. His last communication 
in the volume of despatches from the legation is dated March 20, 1832, though he apparently 
continued in charge, or at least as custodian, until the arrival of the next regularly constituted 
charge d'affaires, Baylies, who took charge on June 20, 1832. 



66 PART II : COMMUNICATIONS FROM ARGENTINA 

42 

George W. Slacum, United States Consul at Buenos Aires, to Edward Livi 
ston, Secretary of State of the United States l 

No. 4 BUENOS AIRES, November 23, 1831 

SIR: The accompanying Documents 2 will put you in possession of fa 
connected with the Capture of several of our Vessels engaged in the 
fisheries at the Falkland Islands, and on the Islands and Coasts about C 
Horn, And will also inform you of the course which I have thought prope 
the moment to adopt. 

1 Despatches, Argentine Republic, vol. 4. 

1 The documents referred to appear to be the following two, which are bound in the vo! 
with Slacum's despatch of November 23, 1831. In the volume of manuscripts from \v 
the transcripts were made, the two enclosures are in the reverse order; but it has been dee 
more logical to print them as follows (since the second thus printed is referred to in the 
as being "hereunto annexed"): 

By this Public Instrument of Protest, be it known and made Manifest to all who 
doth or may Concern. That on this Twenty third Day of November in the Ye< 
Our Lord One thousand eight hundred and thirty one, personally came and appe; 
before the Undersigned Consul of the United States of America, at the City of Bin 
Ayres, Gilbert R. Davison, Master of the Sealing Schooner "Harriet" of and f 
Stonnington, And who being duly Sworn upon the Holy Evangelists of Almighty 
declared and said as follows That is to Say 

That on the twelfth day of August of the Year One Thousand Eight hundred 
thirty, he sailed in said Schooner from. Stonnington, bound on a Sealing Voyage to 
Southern hemisphere; That on the twenty fourth of November thereafter this Depoi 
made the Falkland Islands, where he put in, and remained for the space of four cl 
that he saw there one Lewis Vernet, a German, who pretended to act as Governor ol 
said Islands and of the whole of the East and West Coast of the Continent to C 
including the adjacent Islands, and the Straights of Magellan; and who warned 
Declarant not to take Seals on any part of said Coast or on any of the Islands so 
tended to be under his Authority, which he had derived from the Government of Bu 
Ayres; 

That the said Lewis Vernet gave this Declarant a printed Paper, setting forth tha 
Authority, as Governor extended over the Falkland Islands, the Coast of Patagi 
Terra_ del Fuego to Cape Horn, and the Islands adjacent in the Atlantic Ocean ; 
containing a warning not to take Seals on any of the said Islands and Coasts, 

And this Declarant saith that from the Falkland Islands he proceeded to Sta 
Land and Cape Horn and took some Skins and afterwards returned to the Falk 
Islands, on or about the twenty sixth of February last; That he again saw the 
Vernet, who, on being informed of his, said Declarant, having taken said Skins, told 
that it was of no consequence; that Declarant afterwards shipped his Skins home t< 
United States, with the knowledge of the said Vernet, who did not interfere with hi 
that time, that he afterwards remained about the Falkland Islands three or four Mo 
being wind bound, during which time he took from thirty to forty Skins 

And Declarant further saith that on the thirtieth of July thereafter, on going on si 
he was met and surrounded by several Englishmen, armed with Muskets and Pis 
and headed by an officer by the name of Brisbane who told Declarant that he had ' 
sent by Mr Vernet to fetch him to Port Louis, where the said Vernet resided, and in 
sequence of said Vernet's having been informed that Declarant had been sealing or 
Falkland Islands Statten Land and Islands in the Pacific Ocean near Cape Horn; ' 
on Declarant's refusing to go, said Brisbane threatened him, telling him that it w 
save bloodshed; that Declarant accordingly proceeded to Port Louis, under guard o 
said Brisbane and his armed force, his boat's Crew being taken with him, and he 
allowed to go on board of the Schooner for a change of Clothes, which he reque; 
That on seeing Vernet he was told by him that if the Declarant had been Sea] in j 
should send his Schooner to Buenos Ayres as a prize; that this Declarant was t 
confined as a prisoner under lock and key with two Armed Sentries outside of the ( 
and guards stationed around the house. 



DOCUMENT 42: NOVEMBER 23, 183! 67 

ootnote 2, page 66 Continued 

intI h lSrf T ter ^ ard l th Au aid ^'ft^V? 8 sent with a force > and brought the Schooner 
SI M tl r U1S r th f c he nl 7 *J en belon in S to the Schooner, that clme in here, were 

Sa?xf 1 ' ? k ^ S w Ward ', th u e re ? of the Crew havin & been P ut on shore at San 
Salvador a distance by Water of about forty Miles ; from which place, they came by land 
and on arriving at Port Louis were immediately put in close confinement, with a 
guard set over them; that the said Vernet then took possession of the Schooner's Papers 
with the exception of the Log Book, which the Deponent believes to have been stolen 
S no; he jf n s noting positively as to what became of it, that he was informed by 
M? S n fvf rt '? d ' sa PP eared du . rm g the tim e Brisbane had charge of the Vessel, that 
!u* i T 116 Mate ^ as put m confinement about three Miles down the harbour, 
that Declarant was not allowed to have any Communication with his Officers or Crew 
nor allowed to go on board the Schooner; which he requested, that in three or four days 
therealter, the Schooner was hauled into a small Basin, and various Articles were taken 
? J i !f y the . said Brisbane acting under the orders of Vernet, that Declarant re- 
quested that nothing should be taken out of her, which was replied to by Vernet by his 
saying, that his Government was answerable for every thing that was done; That the 
Articles taken out at this time were as followsSeven Barrels of flour, Eleven d of 
Fork, two d of Beans, four d of molasses, three d of Bread, Seven hogsheads of Bread 
four kegs of Powder, four bags of Shot, fifty four Seal Skins, Seventy eight hair d all 
the boards belonging to the Schooner, Say seven hundred and fifty feet, some Oars, and 
all the boat timbers, keels, Stems .and Sterns, that belonged to the Schooner- That said 
Articles were conveyed into a Store belonging to the said Vernet, and sold out by retail 
by him at the following prices, to wit, Pork twenty five Cents per lb., Molasses, at Sev- 
enty five Cents per quart, Bread twenty five Cents per lb. 

And Declarant further saith that on the Seventeenth of August Captain Carew of the 
Sealing Schooner Breakwater, belonging to the same Owners with the Harriet, came to 
I ort Louis, having left his Vessel at San Salvador; that immediately on his Arrival, he 
was taken prisoner, and on the following day a guard was sent to take possession of his 
Vessel, which was done, and his Papers brought to Port Louis; That afterwards as 
Declarant has been informed, the Vessel was taken possession of by his Crew and 
escaped, leaving him and four of his Men on the Islands 

And Declarant further saith that on the Nineteenth of the same Month Captain Con- 
gar of the Sealing Schooner, ' ' Superior ' ' of New York, came into Port Louis ; that on his 
going on board the Schooner of Declarant, himself and boat's Crew were taken prisoners 
as Declarant has been informed and believes; and that afterwards, on Vernet's going on 
board, they were brought on shore, where they were put in confinement, and the Superior 
was afterwards hauled alongside of the Harriet; that the Crew of the Superior were con- 
fined on an Island farther down the bay; that about Nine hundred Fur Skins were taken 
out of the Superior by the said Vernet and brought on shore 

And further this Declarant saith that the said Vernet sent his Crew, as well as that of 
the Breakwater, to Rio Janeiro in an English Brig; that Captain Carew was also sent 
away in the said Brig, having earnestly requested to proceed to Buenos Ayres, in the 
Harriet, but which was refused by the said Vernet 

And Declarant further saith that the said Vernet had expressed a desire for him this 
Declarant, and Captain Congar to make some arrangement about sending one of the 
Schooners a Sealing and the other to Buenos Ayres for trial; which was at length done, 
and upon the terms expressed in a Document hereunto annexed. - 

And Declarant further saith that his object in entering into the said Arrangement, was i 

to save expence to his Owners, but without prejudicing any of his, or their rights, i 

himself, as well as Captain Congar, being at the time prisoners, actually confined under 
charge of a guard, 

And Declarant further saith that as he was informed and believes, a boat's Crew con- 
sisting of seven Men, had been left on Statten Land, in the Month of March by the 
Schooner Superior, with provisions for six Months; and Declarant believes the said Crew 
are still there, no Vessel haying been sent to take them off 

And further Declarant saith that on the Seventh instant, the said Schooner, Harriet 
sailed from the Falkland Islands under charge of the said Vernet, who came in said 
Schooner; together with this Declarant and M? Tournbull a nephew of the Owners, and 
arrived in this Port on the twentieth instant. 

And therefore the said Gilbert R. Davison further declares to protest for himself the 
said Stephen Congar and all and every Person interested in the aforesaid Vessels and 
Cargoes. And I the said Consul at the instance and request of said Gilbert R. Davison 
have protested and by these Presents do Solemnly Protest against the said Lewis Vernet 



g PART II: COMMUNICATIONS FROM ARGENTINA 

Footnote 2, page 66 Continued 

and all person or persons acting by or under his Authority. And also against the 
ernment of Buenos Ayres for all losses Detriments Costs, Demurrages, Damage 
Exoences that have already occurred or may hereafter occur in consequence then 

GILBERT R DAVIS 
Thus Done and Protested, at the City of Buenos Ayres the Day and Year first a[ 

w ' GEO. W. SLACUM, Consul U. S. 

The Schooner Harriet Capt? Gilbert R. Davison, of Stonnington, and the Sch 
Superior Captain Stephen Conger [Congar], of New York, having been seized for Se 
at the Falkland Islands, and Statten Land contrary to warning given them, and 
therefore about to be sent to Buenos Ayres to stand their Trial, and said Captains 
sidering the delays that often attend such trials having suggested that it would be f< 
interest of all concerned, that only one Vessel be sent to Buenos Ayres with the P 
and Documents respecting the seizure of both and the other be permitted to gc 
newly discovered promising Sealing ground on the West Coast of South America 
vided that Satisfactory security could be given for the timely reappearance of such S< 
Vessels, and Lewis Vernet Esq? Director of the Colony of Port Louis East Fal 
Islands, having taken upon himself the responsibility of said Vessels' reappearanc 
entered into the following Agreement with the aforesaid Captains, in the name of 
respective owners. 

ART? I s ? It shall be left at the option of the said Lewis Vernet Esq? to detei 
which of the two Vessels shall proceed on said Sealing Voyage, which he shall detei 
within twenty four hours after this Agreement has been signed, and then state his c 
in an additional Article at the foot of this Agreement, that the Skins now belong! 
such Vessel shall be deposited in the hands of M? Vernet and shall share the fate < 
Vessel to which they belong, with respect to Condemnation or liberation, in which 
Case to be delivered to the Master of the Vessel to which they belonged, or to the p 
authorized by him to receive them, after which such Vessel shall be fitted out wi 
convenient speed with the provisions, Salt, Stores and Sealing implements of both 
sels and be manned with such Men as the Master of such Sealing Vessel shall Coi 
best calculated for Sealing and may be able to obtain the whole Ship's Company si 
for the purpose [such?] Shipping Articles as the fulfilment of this Agreement 
require. 

ART" 2 ( ! D The Vessels thus Equipped and ready for Sea shall proceed from '. 
direct through the Straights of Magellan to the Sealing Ground on the West Co; 
South America, when according to information obtained from Captain Low of the 
Adeona and from part of his Crew left on this Island great quantities of Fur Seal, 
lately seen by them, and for the better finding of which place it is mutually agreed 
by the Contracting parties to employ [Blank. In a printed Spanish copy of this 
ment enclosed with the note of August 8, 1832, from the Foreign Minister at B 
Aires to the Secretary of State in Washington, below, this pt. doc. 74, the name of C 
occupies this blank.] as Pilot, the same having lately belonged to the Adeona 
Considering himself Competent to find the place, and the Vessel after having obt 
the Cargo of Seal Skins, or done her best to obtain one, shall at the end of the S 
return direct to Port Louis (dangers of the Seas only excepted) and Anchor in the 
where she now lays, then the Voyage shall be considered as ended and the Vesse 
Cargo to be delivered up to M? Vernet, upon the Condition stated in the folk 
Article. 

ART? 3 RD It is understood by the two Contracting parties that the said intt 
Sealing Voyage shall be for account of M- Vernet, if the Vessels are Condemned 
for the Owners in America, if not condemned, Viz' One half for each Owner in An 
and whether condemned or not condemned the Skins shall be Counted and the S 
Company shall then immediately receive in Skins the Shares that according t 
Ship's articles are due to them, after which M? Vernet obligates himself according i 
result of the trial that is to take place in Buenos Ayres maybe, that is in case of li 
tion to deliver the remaining Skins (that is the whole, less the quantity delivered 1 
Ship's Company according to the Ship's Articles) to the Captain of the Vessel as 1 
Agent of both Owners in America, and in case of Condemnation M? Vernet shall 
said remaining Skins, and in order to avoid differences and doubts arising from ui 
seen events, as well as to secure more expeditiously the pay of the Ship's Compai 
all events (Save dangers of the Seas) it is also understood that if after a trial in B 
Ayres there should be a division different from a full Condemnation or a full libei 



DOCUMENT 42: NOVEMBER 23, 1 03 1 DQ 

)te 2, page 66 Continued 

both Vessels and Cargoes such as that only one Vessel being Condemned and the 
her liberated, or the Vessels liberated and the Cargoes condemned, and the Cargoes 
)erated, or one or more parts being liberated on the payment of a sum of Money 
iing imposed by the Court that tried them in Buenos Ayres, or the like unforeseen 
ents, in which case the Sealing Voyage shall be considered as having been made, 
ie half for account of M? Vernet, and the other half for Account of the Owners in 
merica, and the Skins to be divided accordingly each paying previously to the Ship's 
jmpany in Port Louis the pay due according to the Ship's Articles constituting thus 
full pay. 

ART? 4 The Master of the Sealing Vessel shall obligate himself by a solemn Oath 
at he will neither by word or deed in any manner or shape do on this present Voyage 
lything that can compromise the interest of M? Vernet, in the responsibility that he 
LS taken upon himself by the delivery of the Vessel to said Master for the intended 
jyage, but rather to counteract any evil disposition, that might perhaps be displayed 
suspected in others, under his Command, which obligation he will act up to in good 
ith without seeking excuses, in short to be guided by the principle, "to do as he would 
done by" and for the easier fulfilling of this Article the Master will endeavour as 
uch as possible to avoid a Communication with other Sealers on this present Voyage, 
iless he should meet any in distress or be in distress himself, and he shall not be re- 
lired by M' Vernet to do anything on this Voyage that is in any way unlawful. 
ART E 5 That this Agreement shall not invalidate the right that the Owners in 
nerica might think they have to claim damages, which claim of damages shall however 
th respect to Skins not exceed two thousand five hundred prime fur Seal Skins for each 
the two Vessels, in case the Sealing Vessel gets no Skins at all, but if she gets any 
ins then the above number shall be lessened according to the number that she may 
.ve acquired on the present Voyage. 

ART" 6 The Sealing Vessel being thus delivered into the hands of the Master with a 
ew of his own choice without further Security than his word, any wilful deviation 
3in this Agreement (of which at present there is not the most distant idea,) shall be 
nsidered a breach of faith, and no laws shall liberate him from the [penalty?] and 
rfeiture incurred according to the following Article 

ART B 7 For the true and faithful fulfilment of this Agreement the Contracting 
.rties, Captain Stephen Congar and Capt" Gilbert R. Davison for themselves and in 
e names of their Owners on the one part, and M? Lewis Vernet on the other part Sol- 
inly bind themselves, in the penal Sum of Five thousand Dollars and the forfeiture 
their respective Shares in the Voyage alluded to in this Document which forfeitures 
all be applicable in favor of the party that fulfils the Agreement. 
Given under our Hands and Seals in Port Louis. East Falkland Islands, this Eighth 
.y of September, One thousand Eight hundred and thirty One. 

STEPHEN CONGAR 
GILBERT R. DAVISON 
LEWIS VERNET, 
Signed Sealed and Delivered in presence of JN^ TRUMBULL 

BRISBANE. 



ADDITIONAL ART. i. I Lewis Vernet mentioned in the foregoing Document have 
conformity to the first Article of said Agreement determined, and do hereby determine 
at the Schooner Superior Captain Stephen Congar shall be the Vessel that is to pro- 
ed on the intended Voyage of Sealing. In Port Louis the year day and date before 
entioned _ T 

LEWIS VERNET. 

ADDITIONAL ART 2. I Stephen Congar approve the choice made of my Vessel and 
lige myself to act according as is Stipulated in the foregoing Agreement for the Master 
the therein named Sealing Vessel to obligate and hereby make the Oath required in 
e fourth Article of said Agreement. And I, Gilbert R. Davison also approve of the 
id choice and do hereby obligate myself to act for and in the cause of both Vessels in 
icnos Ayres according to the best of my judgement by myself or by my Power of At- 
rney. In Witness whereof we have each signed the Second Additional Article in Port 
>uis this Eighth Day of September, One thousand Eight hundred and thirty one 

STEPHEN CONGAR 
Witnesses] GILBERT R. DAVISON. 

JN? TRUMBULL. 

MATT? BRISBANE. 



7O PART II: COMMUNICATIONS FROM ARGENTINA 

I was in hopes to have transmitted by this opportunity the Answer of the 
Minister for Foreign Affairs to my letter, a copy of which I enclose; 1 in this 
however I arn disappointed; The Minister of Finance informed me this 
morning at a casual meeting that it would be a Subject of a Cabinet Council 
this afternoon. 

My further Measures will of course be governed by this Answer. I am 
inclined to believe however that they will avow the Acts of Vernet; in that 
case I shall send in a formal Protest based upon deductions to be drawn from 
Despatch N 15. from the late Secretary of State to M r Forbes dated io th 
February i83i 2 And which I have just found among the Archives. 

I enclosed a Slip from the Gazeta Mercantil which I consider to be the 
light in which this question will be viewed by this Government. 

I have the Honor [etc.]. 



43 

Tomds Manuel de Anchor ena, Minister of Foreign Affairs of Argentina, to 
George W. Slacum, United States Consul at Buenos Aires 3 

[TRANSLATION] 

BUENOS AIRES, November 25, 183 1. 

The undersigned, Minister of Foreign Affairs, has received the Note of the 
2 1 8 -* instant, 4 in which the Sefior Consul makes known to him that he had 
received information of the arrival at this port of the American Schooner, 
Harriet, Captain Davison, of Stonington, as a prize made on the coast of the 
Falkland Islands, by order of Governor Vernet, and requesting to be in- 
formed if this Government intends to avow and sustain the Capture of the 
said Vessel. 

The Minister who subscribes duly answering the Sefior Consul, can only 
manifest to him, that the business of the Schooner Harriet, is actually before 
the Ministry of War and Marine and that after the customary forms have 
been gone through with, it will be laid before the Government for its Con- 
sideration, whose resolution will conform to what the Laws of the Country 
prescribe 

The Undersigned salutes the Sefior Consul of the United States with his 
most distinguished consideration. 

1 See above, this part, doc. 41, under date of November 21, 1831. 

2 See above, this volume, pt. I, doc. I. 

a Despatches, Argentine Republic, vol. 4, enclosed with Slacum to the Secretary of State, 
No. 5, December 9, 1831, below, this part, doc. 47. 
4 See above, this part, doc. 41. 



DOCUMENT 44: NOVEMBER 26, 1831 71 

44 

eorge W. Slacum, United States Consul at Buenos Aires, to Tomds Manuel de 
Anchor ena, Minister of Foreign Affairs of Argentina 1 

BUENOS AIRES, November 26, 1831. 

The Undersigned Consul of the United States, has the honor to acknowl- 
Ige the Note of H. E. The Minister for Foreign Affairs, under date of 
;sterday, 2 in answer to one from the Consulate dated 2i s . t instant, 3 in which 
; is informed that "the Subject of the Capture and detention of the Ameri- 
tn Schooner Harriet, is actually before the Department of the Minister of 
for and Marine, and that after the customary forms shall have been observed 
will be placed before the Government, whose decision will be conformable 
> what the Laws of the Country prescribe." 

This unexpected reply from H. E. The Minister cannot be viewed by the 
ndersigned in any other light than as a virtual avowal on the part of this 
overnment of the right of M? Lewis Vernet to capture and detain American 
essels engaged in the Fisheries at the Falkland Islands, and the Islands and 
oasts about Cape Horn. It therefore only remains to him to deny in 
to any such right, as having been, or being now, vested in the Government 
Buenos Ayres, or in any person or persons acting under its Authority, And 
i add his most earnest remonstrance against all measures which may have 
;en adopted by said Government including the Decree issued on the io*k of 
me 1829 asserting a claim to the beforementioned Islands and Coasts, 
id the Fisheries appurtenant thereto, or any other Act or Decree 
iving the same tendency and also the Circular letter of the said Vernet, 
sued in consequence of the same, as well as against all such Measures 
i may hereafter be adopted by said Government, or persons acting 
ider its Authority, which are calculated in the remotest degree to im- 
)se restraints upon the Citizens of the United States engaged in the Fish- 
ies in question, or to impair their undoubted right to the freest use 
them. 

The Undersigned cannot but regret that a Subject of so important and 
rious a nature should have arisen, but nevertheless his duty to his Govern- 
ent as well as to the rights and interests of his fellow Citizens impels him to 
quest that H. E. The Minister for Foreign Affairs will be pleased to receive 
iis Communication as a formal Protest on the part of the Government of the 
nited States against that of Buenos Ayres, and all and every person or 
irsons acting under its Authority for the illegal and forcible Seizure at the 
ilkland Islands aforesaid by orders of the said Vernet of the American 
:hooner Harriet as well as of the Schooners Superior and Breakwater of 
hich the Undersigned has also received information, as also for the violent 

1 Despatches, Argentine Republic, vol. 4, enclosed with Slacum to the Secretary of State, 
5. 5, December 9, 1831, below, this part, doc. 47. 

2 See above, this part, doc. 43. * See above, this part, doc. 41. 



72 PART II: COMMUNICATIONS FROM ARGENTINA 

Arrest and imprisonment of their Officers and Crews, American Citizens, and 
for the consequences thereof 

The Undersigned in performing this duty begs H. E. The Minister to ac- 
cept the Assurances of his distinguished Consideration and respect. 



45 

Tomds Manuel de Anchor ena, Minister of Foreign Affairs of Argentina, to 
George W. Slacum, United States Consul at Buenos Aires 1 

[TRANSLATION] 

BUENOS AIRES, December 3, 1831. 

The Undersigned Minister of Foreign Affairs has received the Note of the 
26*. h of November last past, 2 in which the Sefior Consul of the United States 
of North America, after acknowledging the receipt of another, which the 
Undersigned passed to him dated the 25^ of the same Month, 3 answering 
him that the business concerning the Capture and detention of the American 
Schooner "Harriet," was in the Ministry of War and Marine, and that the 
customary forms being gone through with, it would be laid before the Govern- 
ment for its consideration, and its resolution would conform in everything- to 
what the Laws of the Country prescribe, the Sefior Consul represents that 
this Answer being an express manifestation on the part of this Government, 
of the right of D? Luis Vernet to capture and detain American Vessels en- 
gaged in the Seal Fishery at the Malvinas (Falkland) Islands, and the Islands 
and Coasts adjacent to Cape Horn (he) the Sefior Consul considers himself 
under the necessity of denying in toto, such right as having existed or as exist- 
ing in the Government of Buenos Ayres, or in any other person or persons 
subject to its Authority, and of presenting such formal remonstrance against 
all the measures which the said Government may have adopted, including the 
Decree published on the lo*. 11 of June 1829, by which the right of property 
in the aforesaid Islands and Coasts and of the Fishery in them, is declared 
to be in this Government; as well as every other Act, or Decree which may 
have the same tendency, and also the Circular of the said Vernet, published 
in consequence of the same; and likewise against whatever measures the said 
Government or persons subject to its Authority may hereafter adopt, and 
whose object may be to impose the least restrictions upon the Citizens of 
the United States who may be engaged in this traffic, or restrain their right 
to the freest exercise of it; and the Sefior Consul concludes, requesting that 
said Note may be received by the Undersigned as a formal Protest on the 

1 Despatches, Argentine Republic, vol. 4, enclosed with Slacum to the Secretary of State, 
No. 5, December 9, 1831, below, this part, doc. 47. 

3 See above, this part, doc. 44. 3 See above, this part, doc. 43. 



DOCUMENT 40 : DECEMBER 6, 1831 73 

part of the Government of the United States, against that of Buenos Ayres, 
and against all and every person or persons depending upon its Authority for 
the illegal and violent capture at the Malvinas Islands, by order of the said 
Vernet, of the American Schooner Harriet, as well as of the Superior and 
Breakwater, and also against the violent arrest and imprisonment of their 
Officers and Crews, American Citizens and for the consequences of this Act. 

The present Note being placed in the Consideration of the Most Excellent 
the Delegate Government, His Excellency has ordered the Undersigned to 
answer as he does, the Senor Consul of the United States, that the customary 
forms of law which said business is going through, up to the present moment 
in the Ministry of War and Marine, are indifferent with respect to its resolu- 
tion concerning the principal matter and only resorted to to put the Govern- 
ment in knowledge of the truth to act as may correspond with justice; 
that the said Note of the said Senor Consul of the United States cannot be 
admitted as a formal Protest of his Government against that of this Province, 
because besides being unseasonable, the Senor Consul does not manifest that 
he is specially authorized to this Act, and His Excellency considers that he is 
not, as being only invested with the Consulship, but much less when it is 
indubitable that the Government of the United States has no right to the said 
Islands and Coasts, nor to exercise the Fishery in them, seeing that it is 
unquestionable in this Republic ; that under this idea His Excellency might 
complain of the Protest of the Senor Consul, but he wishes to persuade him- 
self of his (the Consul's) sound intentions and well penetrated of the wisdom 
and justice which presides in his Government, he wishes to shun all turbulent 
measures, and hopes that whatever doubt may be raised by the Government 
of the United States, it will be amicably resolved, both Governments having 
a direct understanding one with the other. 

The Undersigned avails himself of this Opportunity to repeat to the Senor 
Consul, whom he addresses, his expressions of consideration and respect with 
which he has the honor to salute him. 



46 

George W. Slacum, United States Consul at Buenos Aires, to Tomds Manuel de 
Anchor ena, Minister of Foreign Affairs of Argentina 1 

BUENOS AIRES, December 6, 1831. 

The Undersigned Consul of the United States, has the honor to acknowl- 
edge the receipt of the Note of H. E. The Minister for Foreign Affairs under 
date 3 r . d instant. 2 In communicating with the Commander of the United 

1 Despatches, Argentine Republic, vol. 4, enclosed with Slacum to the Secretary of State, 
No. 5, December 9, 1831, below, this part, doc. 47. 
1 See above, this part, doc. 45. 



74 PART II : COMMUNICATIONS FROM ARGENTINA 

States Ship Lexington, whose intention of immediately proceeding to the 
Falkland Islands for the protection of American Citizens engaged in the Seal 
Fishery, has already been made known to His Excellency the Minister, he 
has suggested to the Undersigned the propriety, as indicating the frankness 
by which his Measures will be governed, of proposing that he will delay his 
departure until the morning of the 9* h instant, in order to wait the receipt of 
any Communications which the Government of this Province may think fit 
to make, having reference to the immediate suspension of the exercise of the 
right of Capture of the Vessels of the United States which may be found fish- 
ing within the limits claimed to be subject to the jurisdiction or authority of 
M? Lewis Vernet, and also coupling with such suspension the immediate 
restoration to the legitimate Owners or Agents, of the Schooner Harriet, now 
detained as a Prize to this Government, at this Port, as well as of all the 
property illegally taken out of said Schooner at the time of her Capture or 
since; or from American Citizens at the Falkland Islands or elsewhere by the 
said Vernet or his Agents; and moreover the placing them in the position in 
which they stood, previous to the aforesaid Captures, and the interference in 
the business in which they were lawfully engaged. 

The Undersigned begs leave to suggest to H. E. The Minister ; that the 
shortness of the period within which the said Commander can wait for an 
Answer from this Government to the aforesaid propositions, is in conse- 
quence of his anxiety to relieve as soon as may be, several distressed Ameri- 
can Seamen, left by one of the captured Schooners, with a limited supply of 
provisions on Staten land as well as to put an immediate stop to further 
Captures which may be making at the said Falkland Islands, by the Agents 
of the said Vernet, whom he left in Command there, authorized to that 
effect. 

The Undersigned is requested by the said Commander further to manifest- 
to H. E. The Minister, that the propositions above mentioned, are based 
upon the spirit of the friendly relations which are known happily to subsist 
between the Government of the United States, and that of this province, 
and more especially, upon the suggestion contained in the Note of H. E. The 
Minister, that it is the desire of this Government amicably to settle the 
question of right in relation to the aforementioned Fisheries, by a direct 
understanding with the Government of the United States ; u,rn:il which can 
take place the Undersigned concurs in Opinion with the said Commander 
that the Citizens of the United States, should be subject to no further 
molestation in prosecuting them. 

In concluding this Note, the Undersigned, willing to remove any doubt 
as to his right to Protest, would observe that in so doing he acted under 
authority from his Government and that he cannot consent to its rejection or 
withdrawal, even had no such authority existed, as he has been considered, 
and treated with by this Government, as the representative of that of the 



DOCUMENT 47: DECEMBER 9, 1831 75 

United States, since the decease of the late Charge d'Affaires; and he would 
not willingly believe that the Government of Buenos Ayres would at this 
time offer any denial of such right so as to preclude him from defending the 
interests of American Citizens. 

The Undersigned trusts that H. E. The Minister will receive this Com- 
munication as a continued earnest of his sincere desire to do all in his power 
to maintain unimpaired the present friendly relations of the two Govern- 
ments. 

The Undersigned avails himself of the occasion to renew to H. E. The 
Minister for Foreign Affairs the Assurances of his most distinguished Con- 
sideration and respect. 

47 

George W. Slacum, United States Consul at Buenos Aires, to Edward Living- 
ston, Secretary of State of the United States 1 

No. 5 BUENOS AIRES, December Q, 1831. 

SIR: I have the honor to transmit herewith Duplicate of my last Despatch 
N 4. 2 duplicate of Protest of the Captain of the Schooner Harriet, 3 Original 
supplement, 4 duplicate of my letter to this Government Marked N I. 5 

1 Despatches, Argentine Republic, vol. 4. 
a See above, this part, doc, 42. 

3 See above, this part, doc. 42, note 3. 

4 The following is the supplementary protest: 

The above Declarant Davison, Master of the aforesaid Schooner Harriet again ap- 
peared before the Undersigned And being duly Sworn further declared, That at the 
time he was at the Falkland Islands, there was the English Brig Adeona, Low Master 
Sealing there, and had been for two Years, and upwards; that she took many Seals on 
said Islands, without being interrupted or in any way interfered with, by Vernet; that 
in a conversation with the said Vernet he remarked to Declarant, that " lie could not take 
an English Vessel with the same propriety that he could, an American," That this Observa- 
tion was made in Answer to a question asked by Declarant why he did not take the Brig 
Adeona as she had taken Seals on the Volunteer Rocks at the mouth of his sound; That 
he gave no reason in explanation of the aforesaid Answer. 

And Declarant further Saith that a boat's Crew consisting of three or four Men be- 
longing to the Schooner Belville, Bray Master of Portland, as Declarant believes, which 
was left on the said Islands, the Vessel being afterwards cast away at Terra del Fuego, 
were arrested by said Vernet, and put into close confinement, and so detained for about 
six Weeks; that about two hundred fur Seal Skins, and nearly Three thousand pounds of 
Whale bone belonging to these Men were taken possession of by him as security, as he 
pretended, to permit them to go on Sealing for him at half profits, and for their fidelity 
and return to the Islands; that he supplied them with provisions, some gunpowder, and 
about One hundred bushels of Salt which were taken from the Declarant's Schooner the 
Harriet; that he threatened these Men to send them to Buenos Ayres, to have their trial 
as Pirates, that in consequence of these threats Declarant believes these Men were 
induced to enter into the Contract abovementioned on joint account with him, that the 
said Vernet sold the Seal Skins taken from them to the Master of an English Vessel that 
put in at the Islands, and brought the Whale bone in the Harriet to this place, 

And Declarant further Saith that the said Vernet left one Henry Medcalf in Com- 
mand of the Islands, on his departure, and with orders to take all American Vessels 
that might be found Sealing there; that Declarant has seen a contract made by the said 
Vernet with a person in this City, for an Armed Vessel to be brought out from the 

5 Presumably that dated November 21, 1831, above, this part, doc. 41. 



76 PART II : COMMUNICATIONS FROM ARGENTINA 

and Copies of Correspondence subsequent thereto, 1 all in reference to the 
illegal Capture of several American Vessels and the robbery of one engaged 
in the Fisheries at the Falkland Islands &c &c 

The immediate Departure within an hour of the Ship St. Peter will not 
afford me an opportunity of addressing you at length upon this important 
Subject; and I must therefore submit the Documents now forwarded without 
those remarks, which had time permitted, I should have wished to make. 
Doubtless our Government are well aware that the Government of Buenos 
Ayres has no legitimate right to the Islands and Coasts in question, and 
it would be presumption in me to offer any elucidation of the matter. 
I will however remark that I have been informed by the British Consul 
General that England has never abandoned or given up her right to them, 
and that at the time of the publication in this place of the Circular letter &c 
of Vernet he made a proper Communication upon the subject to this Govern- 
ment, hence, the observation of Vernet in the supplement 2 that "he could 
not take English Vessels with the same propriety he could American" 

The opportune arrival of the Lexington 3 has had a good effect and 

United States; and to be delivered at said Islands by the first of this month, under a 
penalty, for the purpose of enforcing his Authority there. 

And Declarant further saith that at different periods, Men have deserted from Ameri- 
can Sealing Vessels at these Islands, and have been taken into the employ of the said 
Vernet that he offered such Deserters twenty five Dollars per Month; and Declarant 
has been informed by several of said Deserters, that they were induced to desert through 
the offers and instigation of said Vernet, and his Agents, 

And Declarant, further saith that in addition to the Provisions and other Articles 
taken out of the Harriet, enumerated in Declarant's Protest to which this is a Supple- 
ment, he, the said Vernet also took one of the Boats belonging to said Vessel, which is 
left at the Falkland Islands, and also that he took out of her all her implements for 
Sealing. 

And Declarant further saith that during the time the Crew of the Harriet were under 
confinement, the said Vernet shipped five of them, to remain in his Employ, and they 
were consequently liberated from their Arrest. 

And Declarant further saith that the Captain of the Boats Crew belonging to the 
Schooner Belville mentioned above, is named P. Waldron, and that the said Henry 
Medcalf was an Agent or part Owner of the said Schooner. 

GILBERT R. DAVISON, 

Sworn to before me at the City of Buenos Ayres this Second day of December 1831 

GEO. W. SLACUM, Consul U.S.A. 

CONSULATE OF THE UNITED STATES OF AM^ 

These are to Certify that the foregoing is a true and faithful Copy of the Original Sup- 
plement to the Protest on Record in this Consulate; And that the same has been 
Carefully Collated 

Given under my Hand and Seal of Office, at the City of Buenos Ayres this Second day 
of December 1831. 

GEO. W. SLACUM, Consul U.S.A. 

1 See above, this part, docs. 43, 44, 45 and 46. 

2 See above, this part, doc. 47, note 4. 

3 Announced by the following letter from Commander Silas Duncan to George W. Slacum, 
dated U. S. S. Lexington, Off Buenos Aires, River Plate, November 29, 1831, a copy of which 
was enclosed with this despatch from Slacum to the Secretary of State: 

SIR: The Lexington under my Command is upon this Coast for the protection of the 
Citizens and Commerce of the United States. 



DOCUMENT 47: DECEMBER 9, 183! 77 

I believe the letter of Captain Duncan to me 1 a Copy of which I trans- 
mitted to this Government produced the Answer N 6 that Answer, 2 
as well as the whole part of the Correspondence on the part of this Govern- 
ment will I think draw your Attention and evince to you palpable 
evasions. 

The resort of denying me the right to protest, I hope will meet your con- 
sideration and that you will approve of my reply in reference to it Should 
this Government not accede to the propositions contained in my letter 3 N 
7. which must be within a few hours Captain Duncan will proceed to the 
Falkland Islands to protect our Commerce and Citizens, by depriving these 
adventurers of the means of annoying them, the leader of whom M 1 . Lewis 
Vernet is a German, and not long since a bankrupt, but now boasts of having 
made One hundred thousand Dollars by the Capture and pillage of American 
Property. He received his Authority under the Decree io*. h June 1829. 
during the few months of the Revolutionary Government of General Lavalle 
Rodriguez at the moment delegate Governor.' It is indeed time Sir that 

I have just heard a report that several American Vessels have been captured at the 
Falklands, and I have to request you will be pleased to furnish me with such information 
as it may be in your power to give touching the above report 

I have the Honor to be [etc.]. 

The following reply dated Buenos Aires, November 30, 1831, from Consul Slacum to 
Commander Duncan's foregoing was also found among the enclosures with this despatch 
from Slacum: 

SIR: I have the honor to acknowledge your Note of Yesterday's date, in which I am 
informed of your arrival on this Coast in Command of the United States Ship Lexington, 
for the protection of the Commerce and persons of American Citizens; And while I 
am very happy to see you here, I cannot but regret to say that a case has occurred, 
which, in my Opinion renders it adviseable to call that protection into requisition. 

The Enclosed Documents will put you in possession of facts connected with the 
violent and illegal Capture of several American Vessels, engaged in the Fisheries at the 
Falkland Islands, and Coasts about Cape Horn ; and will also manifest to you the course 
which I have deemed it to be my duty to adopt in consequence thereof. 

I am very Respectfully [etc.]. 

1 Evidently the following letter from Duncan to Slacum, dated U. S. S. Lexington, Off 
Buenos Aires, River Plate, December i , 1831, a copy of which was enclosed with this despatch 
from Slacum: 

SIR: I have received your reply to my Communication of the 29*?" Ult? enclosing 
Copies of Documents in relation to the Capture of several American Vessels at the Falk- 
land Islands, while engaged in the Fisheries, and having given them the proper consider- 
ation, I consider it to be my duty to proceed thither with the force under my Command 
for the protection of the Citizens and Commerce of the United States, engaged in the 
Fisheries in question, 

I also learn that in consequence of these Captures, Seven Americans have been aban- 
doned upon the Island of Staten land without the means of subsistence, 

Under these Circumstances I have to request you will be pleased to Communicate a 
Copy of this letter to the Government of Buenos Ayres under whose Authority certain 
individuals have assumed to capture American Vessels, in order that no misunderstand- 
ing shall arise with respect to the object of my visit to the Falkland Islands, and in 
conformity with the open and candid mode in which the Affairs of the United States are 
conducted. 

I have the Honor to be [etc.]. 



78 PART II : COMMUNICATIONS FROM ARGENTINA 

"this Government should be made sensible of their obligations to respect our 
rights and to render justice to our Citizens" 
I have the honor [etc.]. 



48 

Tomds Manuel de Anchorena, Minister of Foreign Affairs of Argentina, to 
George W. Slacum, United States Consul at Buenos Aires 1 

[TRANSLATION] 

BUENOS AIRES, December 9, 1831. 

The Undersigned Minister of Foreign Relations has the honor to address 
the Senor Consul of the United States, to manifest to him that the Senor 
Minister of War and Marine has communicated to the Undersigned under 
date of the 7^ instant that the Commandant of the Falkland Islands D? 
Louis Vernet, having presented a memorial soliciting that he should impede 
the departure of the Captain of the American Schooner Harriet, M? Gilbert 
Davison, until he should appoint an attorney properly instructed the said 
solicitude was passed to the Fiscal, [with?] whom the antecedents concerning 
the capture of the said Vessel exist, and notification being given to the 
Commandant of Matriculas (Captain of the Port) to prevent his departure, 
he (the Captain of the Port) has answered that having issued the proper 
orders to the adjutant of the Port to that effect, the said adjutant has re- 
ported that previous to receiving them, Captain Davison had embarked in the 
Launch of the American Sloop of War Lexington, to go on board of her. 

And as such proceeding of Captain Davison appears to have for object to 
embarrass the legal investigation, and resolution which belong to justice, 
concerning the capture of said schooner Harriet, the Undersigned has re- 
ceived the order of the Most Excellent, the Government of this Province, to 
urge upon the said Consul of the United States, as he does, to make known 
to the Captain MF Gilbert Davison, that he do not absent himself from this 
Province without leaving an attorney with instructions, who may represent 
him and appear for him in the said business under the intelligence, that on 
the contrary, his opposition or omission in this respect will bring upon him all 
the consequent damage which may arise in law. 

The Undersigned embraces this opportunity to salute the Senor Consul 
of the United States, with all his consideration and respect. 

1 Despatches, Argentine Republic, vol. 4, enclosed with Slacum to the Secretary of State, 
No. 6, December 20, 1831, below, this part, doc. 51. 



DOCUMENT 49 : DECEMBER 9, 183! 79 

49 

Tomds Manuel de Anchor ena, Minister of Foreign Affairs of Argentina, to 
George W. Slacum, United States Consul at Buenos Aires 1 

[TRANSLATION] 

BUENOS AIRES, December p, 1831. 

The Undersigned, Minister Secretary of Foreign Affairs, has received, the 
day before yesterday, the 7*. h inst. the note of the Sefior Consul of the United 
States, dated the preceding day, 2 which being immediately put in the 
knowledge of the Most Excellent Government of this Province, His Excel- 
lency, persisting in the same ideas and principles which the Undersigned has 
manifested to the Senor Consul concerning the event which has occasioned it, 
has observed with astonishment that, it not being possible for the Sefior 
Consul to be ignorant of the weighty and urgent attentions which notoriously 
surround this Government, at the present moment, and that on account of 
the religious solemnity with which the day of yesterday is observed, that all 
the public offices are required to be shut, the Sefior Consul should not have 
considered it improper and little decorous to propose to the Undersigned for 
this day precisely the resolution of a business particularly litigious in which, 
to that end, the Senor Consul has no authority, and which, requiring, as it 
does, to be substantiated and resolved upon conformably to the laws of the 
Country, demands, by its nature, a course of various formalities and a serious 
and deliberate consideration, that there may be, on no account, a failure of 
justice. 

It is true that the Sefior Consul makes known that the shortness of the 
period in which the Sefior Commandant of the United States Sloop of War 
Lexington can wait an answer from this Government to the propositions 
which the Senor Consul makes, is a consequence of his anxiety to succour as 
soon as possible various American Sailors left by one of the captured Schoon- 
ers with a short supply of provisions on Staten Land ; as also to put immedi- 
ately an impediment to more captures which may be making in said Malvinas 
(Falkland Islands) by the agents of Sefior Vernet, whom he left commanding 
there, authorized to that effect. But be this as it may, and passing by the 
motives which the said Commandant may have to go to the said Malvinas 
(Falkland Islands) this gives no right to the Senor Consul to interpose him- 
self before the public authority of this Province in the progress of a private 
contentious affair, in which there are parties who can use their right, by them- 
selves, or through the medium of Attorneys with instructions, whom they 
may name to that effect: nor has this Government ever to vary the march 
which, concerning the matter in question, its dignity and the justice which 



8o PART ii : COMMUNICATIONS FROM ARGENTINA 

and do in whom it does not recognize any title to interfere in this class of 

affairs. . . 

But, as it desires to preserve unimpaired the relations of friendship which 
it happily maintains with that of the United States, and is persuaded that, 
up to the present time, it has not given, on its part, the least motive that 
could change them in any manner, it has ordered the Undersigned to manifest 
to the Senor Consul that if the Senor Commandant of the Lexington, or any 
other person belonging to the said Government shall commit any act, or use 
any measure which may tend to a denial of the right which this Republic has 
to the Mdhinas and other islands and coasts adjacent to Cape Horn, and to 
impede the seal fishery which it may wish to exercise in them, and especially 
in the first, the Government of this Province will address a formal complaint 
to that of the United States, under the firm confidence that it will be attended 
to as may correspond to justice, and will cause to make valid and respected 
its rights, by all the means it may esteem convenient; because it is well 
persuaded that the Government of the United States has not put, nor will put 
in doubt such rights, nor that, in case of raising any others which may have 
relation to them, it will undertake to resolve them by asserting its pretensions 
to that effect by force, and despoiling this Government of the possession 
which it may have. 

For the rest, the Senor Consul labors under a very remarkable error in 
believing that this Government has considered and treated him as the repre- 
sentative of the United States since the death of Senor Forbes, Charge^ 
d'Affaires in this Republic, and he ought to understand that he could not be 
considered otherwise than a particular Consul of the United States in this 
city. Under this idea, and the limits of Consular functions being well 
known, among which the principal is to see that his fellow citizens respect the 
laws and authority of the Country in which he resides, this Government hopes 
that hereafter the Senor Consul will confine himself to the said limits, and 
will refrain from persisting in the protest which he has made against rights 
which have been and are in possession of this Government, and which until 
this time nobody has questioned. 

The Undersigned, after having fulfilled his duty in this communication, 
has the honor to reiterate to the Senor Consul his protestations of due con- 
sideration and respect. 



DOCUMENT 50: DECEMBER 15, 183! 8l 

50 

George W. Slacum, United States Consul at Buenos Aires, to Tomds Manuel de 
Anchor ena, Minister of Foreign Affairs of Argentina 1 

BUENOS AIRES, December 15, 1831. 

The Undersigned, Consul of the United States, has the honor to acknowl- 
edge the receipt of the two notes 2 addressed to him by His Excellency the 
Minister for Foreign Affairs, under date of the ^ instant, and which were 
delivered into his hands at 5 O'clock, P. M. of the same day. 

In reply to that complaining of the conduct of Captain Davison, late of the 
prize schooner Harriet, in embarking to go on board of the U. S. Sloop of 
War Lexington, for the purpose, as is assumed by His Excellency the 
Minister, of embarrassing the proceedings which may be carrying on in the 
tribunals here, for procuring the condemnation of said schooner; and in 
which it is urged upon the Undersigned to notify the said Captain Davison 
not to depart from this Province without previously appointing an Attorney 
or Agent to represent him in the said prosecution the Undersigned begs 
leave to say, that it was a matter of notoriety that the Sloop of War Lexing- 
ton weighed anchor and left this Port at 12 O'clock, Meridian, of the 9^, 
several hours previous to the receipt of said note by the Undersigned. So 
that, any efforts on his part to detain the said Captain Davison, would have 
proved ineffectual, had he deemed it to be a part of his official duty to have 
made any, at the urgency of this Government appearing to be solely founded 
upon a memorial or solicitude of Lewis Vernet. Moreover, it had been 
communicated to His Excellency the Minister that the Lexington would re- 
main in Port until the morning of the 9*. h , at which time, it was to be pre- 
sumed of course, that she would sail ; and it appears that this Government 
was advised of the said Captain Davison's having embarked to go on board 
of the said Sloop of War on the 7^ ; so that, sufficient time seems to have 
been afforded to this Government to have served any notification upon him 
they might choose, without insinuating or charging upon him the intention of 
withdrawing from the Province for any sinister purpose; or protesting against 
him for damages for that act or its results. 

But after all, the Undersigned does not perceive upon what principles this 
Government could have undertaken to detain the said Captain Davison, an 
American citizen, already the victim of a protracted incarceration, with a 
view to coerce him to execute a Power of Attorney under any pretence, or 
for any purpose which might be alleged by the said Vernet; when he, the 
said Davison, has not thought proper to present himself in the tribunals to 
litigate any question with the said Vernet, but to deny in toto the right of 
capture in this Government, of his schooner, engaged in sealing at the Falk- 

1 Despatches, Argentine Republic, vol. 4, enclosed with Slacum to the Secretary of State, 
No. 6, below, this part, doc. 51. 

2 See above, this part, docs. 48 and 49. 



g2 PART II : COMMUNICATIONS FROM ARGENTINA 

land Islands and against which the Undersigned has protested in his behalf 
and that of those whom he represents; he, the said Davison, having, on his 
arrival here, thrown himself upon the Undersigned for protection and redress. 
In replying to the other note of His Excellency, the receipt of which is 
acknowledged, as above, the Undersigned, in the first place, takes the liberty 
to remark, that he cannot assent to the propriety of any application to him 
of the strong expressions of His Excellency the Minister, if such was intended, 
in reference to any non-observance of the 8^ as a day of religious solemnity, 
not being aware of any want of decorum in this respect on his part, as the 
note communicating the propositions of the Commander of the Lexington 
was handed to the Chief Clerk of the Ministry of Foreign Relations on the 
morning of the ?*, and if the interval from that time until 12 O'clock, 
meridian of the 9*, when the ship sailed, may have been deemed too short 
for this Government to resolve whether they would, or would not, restore the 
property of American citizens illegally seized upon by Lewis Vernet, at the 
Falkland Islands it is proper for the Undersigned to observe, that this pe- 
riod, or its limit, which was the time of sailing of the Lexington, -was not fixed 
by him as it could not be but by the Commander of the said ship, and 
from motives of humanity, particularly in relation to seamen left exposed on 
a desert island, as explained in said note. And here the Undersigned is con- 
strained to note an error into which His Excellency the Minister appears to 
have fallen, in attributing to him the propositions referred to; when, on the 
contrary, they are declared by the Undersigned to have emanated from the 
Commander of the Lexington, and were communicated at his request. And, 
in regard to these propositions: the Undersigned is not aware that they 
involved the "resolution of a private litigious affair," as is expressed by His 
Excellency; but, on the contrary, nothing more than an assent or denial to 
restore property illegally captured at the Falkland Islands, from American 
citizens, while engaged in a trade to which they have the most undoubted 
right; the claim to which the Undersigned has authority from his Govern- 
ment to assert, as he has already made known to His Excellency the Minister ; 
and which raises a question to be settled not by the local tribunals of this 
Country; not by a private litigation between M? Vernet and Captain Davi- 
son, or any other private parties but by the Government of this Province 
and that of the United States, if not of the other maritime nations, who are 
all interested in the free use of unappropriated fisheries, as they are of the 
high-way of the Ocean : and it was with the view that the question of right 
might so be referred, to be settled amicably, that the propositions before 
mentioned were made by the Commander of the Lexington, and which, it 
was supposed, would accord with the friendly feelings declared by His 
Excellency the Minister, to be entertained by this Government towards that 
of the United States; and the result would have been- if, fortunately, the 
propositions had been admitted the placing matters on the footing on 



DOCUMENT 50: DECEMBER 15, 183! 83 

which they stood previous to the outrages comitted by the aforesaid Vernet. 
And in this connection the Undersigned will observe that, notwithstanding 
it was distinctly stated by him, in his note dated the 6* instant, which he 
had the honor to address to His Excellency the Minister, 1 that, in protesting 
against the capture of American sealing vessels at the Falkland Islands &c. he 
acted under the authority of his Government, His Excellency the Minister 
has subsequently called it in question, in his note of the g*? 1 . 2 Therefore, 
the Undersigned, in order to remove all further doubt from the mind of His 
Excellency on this part of the subject although he deemed his first assertion 
of the fact sufficient now begs leave to inform him, that, in consequence of 
indirect information being lately laid before his Government, of the Decree 
of zo*? 1 of June 1829, asserting a right of soverignty to the Falkland Islands 
&c. and of the exclusive use of the fisheries appurtenent to them; formal 
instructions 8 were sent out to the late Charge 1 d' Affaires of the United 
States, to address to this Government "an earnest remonstrance against any 
measures that may have been adopted by it, including the decree and circular 
letter referred to, if they be genuine, which are calculated, in the remotest 
degree, to impose any restraints whatever upon the enterprise of the citizens 
of the United States engaged in the fisheries in question, or to impair their 
undoubted right to the freest use of them" the said fisheries having hereto- 
fore always been considered as free to all nations whatever, and the exclusive 
property of none. 

That such remonstrance was not made by the late Charg6 d'Affaires, was, 
probably, owing to the circumstance that the despatches did not reach this 
Country until a short time previous to his death. 

In further answer to His Excellency the Minister, the Undersigned does 
not consider himself called upon to reply to anything contained in the note 
now under consideration which has reference to the motives of the Com- 
mander of the Lexington in proceeding with his ship to the Falkland Islands, 
even if those had not been as he deems they were frankly stated in the 
communication transmitted, containing his propositions; nor to the intima- 
tion of this Government that it will pursue the course which it has marked 
out to itself, whatever the said Commander may think or do; these being 
solely matters for his own consideration, for which the Undersigned is clearly 
not responsible; but the Undersigned cannot admit that he has "improperly 
interposed himself before the Public Authority of this Province" as declared 
by His Excellency the Minister, in any thing that he has done, either in ask- 
ing of this Government an avowal or disavowal of the capture of the Schooner 
Harriet by Lewis Vernet (styled by His Excellency the Minister, "Coman- 
dante of the Falkland Islands ") which was the purport of his first note or in 

] See above, this part, doc. 46. 2 See above, this part, doc. 49. 

3 See above, pt. i, doc. -i . That instruction refers to " a decree of the Buenos Ayrean Govern- 
ment dated io th June, 1830 ", instead of 1829, as given in this note from Slacum to the Foreign 
Minister, and in other communications from him. 



34 PART II : COMMUNICATIONS FROM ARGENTINA 

protesting against the same, as in his second note; 1 or in being the medium of 
communicating in a sincere spirit of frankness, the amicable propositions of 
the Commander of the Lexington, as in his last note, 2 in relation to this un- 
pleasant business, which he cannot consider, with His Excellency, as a "pri- 
vate contentious affair," and "to be resolved by this Government comform- 
ably to what the laws of the Country prescribe," but as one of a very different 
and very serious nature, involving an attack upon the "rights and privileges 
of his nation and its citizens," which it is his first and principal duty, as 
Consul, to endeavour, at least, to protect, although His Excellency seems to 
be of a different opinion; and with the resolution of which, the municipal or 
local laws, or tramites de estilo of this Province, have no more to do than 
those of the United States. But perhaps the Undersigned ought to be 
delicate, in expressing his opinions in regard to the nature and extent of his 
duties as Consul; seeing that he has been chided by His Excellency in that 
particular, and who has deigned to intimate to him that the principal of 
those duties is, to maintain over his fellow citizens a supervision in regard to 
their conduct in the Country in which he resides. 

In conclusion, the Undersigned begs leave to say, that while he is unaware 
of any want of decorum, or of improper interference in his official capacity 
before the authorities of this Province, in the course which he has taken in 
this affair, or the Correspondence to which it has given rise, he still deems it 
to be his duty to continue to insist upon the Protest which he has transmitted 
to this Government, which the nature of the transaction in question so im- 
periously demanded, and a failure in presenting which, would have been an 
omission of duty, and a relinquishment<of an unalienable Consular right. 

This Protest is rejected by His Excellency the Minister; and, if the Under- 
signed is not charged with having transcended the line of his duty, he is 
counselled to confine himself within it. But what are the facts which 
called for that Protest? Have not three American vessels, while engaged in 
a lawful trade, been captured, and, their cargoes forcibly and illegally taken 
out of them and immediately appropriated to the use of the captor? Have 
not their officers and crews, American citizens, been violently arrested and 
imprisoned? Has not a part of them been sent to a foreign land, and there 
thrown upon the bounty of strangers while another part has been abandoned 
upon the distant and desolate Island of "Staten Land," without a supply of 
provisions this, too, by a person holding his authority under, and now 
protected by, this Government, with which that of the United States is at 
peace? And has this not been done without any previous official notice hav- 
ing been given to the latter that the former had set up claims of sovereignty 
and exclusive jurisdiction to the islands and fisheries in question? 

And is it under circumstances like these that the Undersigned is told he 
shall not be heard in defence of the injured rights and interests of his fellow 

1 See above, this part, docs. 41 and 44. * See above, this part, doc. 46. 



DOCUMENT 51: DECEMBER 2O, 183! 85 

citizens? Responsible only to his own Government for his official Con- 
duct, he expects the full and free exercise of his public functions, as Consul of 
the United States, so long as he shall continue within the line of his duty, and 
to observe a due courtesy and respect towards the Government near which 
he resides. 

Having nothing further to add in the present stage of the business, the 
Undersigned will content himself by referring the whole affair to the con- 
sideration of his Government. 

The Undersigned avails himself of this occasion to renew to His .Excel- 
lency the Minister, the assurances of his most distinguished consideration 
and respect. 



51 

George W. Slacum, United States Consul at Buenos Aires, to Edward Living- 
ston, Secretary of State of the United States 1 

No. 6 BUENOS AIRES, December 20, 1831. 

SIR: By the ship Saint Peter, for Baltimore, I had the honor to address 
you, under date 9*. h instant, Despatch N? 5-, 2 and to inclose documents and 
copies of correspondence with this Government in relation to the Capture of 
several of our vessels, engaged in the fisheries at the Falkland Islands and 
islands and coasts about Cape Horn. You will now receive, by the hands 
of Platt H. Crosby Esq?, a Gentleman who has been some time favorably 
known to me, originals and duplicates of all that has transpired since my last 
despatch. 

The confidence which I have in M? Crosby and the importance of the sub- 
ject have induced me to appoint and send him as a special messenger: the 
more so, as he has been privy to this whole affair, and is a Gentleman who, 
to a long residence here and in Peru, adds a stock of valuable information 
and intelligence. 

You will perceive, Sir, that this Government did not reply to the just and 
amicable propositions made by Captain Duncan, of the Lexington, until 
several hours after his departure; although he remained at anchor 'till 12 
O'clock, meridian, of the 9*. h , and sailed from immediately in front of the 
Government House. The reply, however, of the Minister for Foreign 
Affairs could not have altered the intentions of the Commander of the Lex- 
ington, had he received it; as it not only does not accede to his propositions, 
but denies him the right to have made them. 

The remarks which are applied to me and my duties, as Consul, you will 
find answered in my last note, dated IS*? 1 instant: 3 and it will be for my Gov- 

* Despatches, Argentine Republic, vol. 4. 

2 See above, this part, doc. 47. 8 See above, this part, doc. 50. 



86 PART II : COMMUNICATIONS FROM ARGENTINA 

ernment to decide whether, under such circumstances, I am to be denied n 
most important official rights. According to the decision of this Cover 
ment, neither the Commander of a U. S. vessel of War nor the Consul of t 
United States will be heard in defence of the most aggravated attack upi 
the privileges of their nation and the interests of its citizens. So that, 
such case, a foreign Government may act with impunity and without i 
sponsibility. 

Within a few days I have had a conversation with the British Ministi 
M? Fox, and M? Parish, the Consul General, and have seen and read t 
formal Protest made by the latter, acting as Charg6 d' Affaires, upon instrt 
tions sent out by his Government, at the time of the Decree of io th Ju 
1829. In that Protest, which was drawn up in London, England asserts h 
ancient, but dormant, right to the Falkland Islands, which were abandon 
by her in 1774, leaving at the time, says the Protest, all the usual emblems 
Sovereignty. No answer was given to the Protest by this Government 
except an acknowledgement of the receipt of it. In consequence of tl 
voluntary and frank communication on the part of the Gentlemen abo\ 
named, I informed them, verbally, of the nature of my course, so far as w 
reciprocal and proper: and, as the question now agitated may lead to sor 
understanding between the Government of the United States and that 
Great Britain, I intend to forward, by the Packet, to our Minister at Londc 
a copy of his Despatch N? 15 to the late M 1 . Forbes, as well as copies of n 
correspondence with this Government. The most powerful reasons ex: 
why England should not be permitted to colonise those Islands, if, indeed, s 
has such intentions; and, on the other hand, should they remain as they ai 
under the controul of this Government, or of M? Lewis Vernet, a few yes 
would probably exhibit to the World another Cuba, and our commerce roui 
the Cape would be exposed to robbery and destruction, by adventurers ai 
vagabonds from all quarters of the Globe. The Government of this Provin 
has not the means to establish or to regulate any sort of authority over thei 
there is not, nor has there been, as far as I can learn, any military establis 
ment belonging to this Province on the Islands; and M? Vernet, who, I a 
informed, has received a sort of grant of them for a term of years, is nothi: 
more than a private adventurer, associated with others here, principally fc 
eigners (and among whom I suspect one or more Americans) for the purpc 
of monopolising the seal fisheries ; and it is worthy of remark, that in the a 
respondence with me he is only once styled "Commandant of the Falklai 
Islands." I have never seen any decree of this Government giving him th 
title. 

When speaking of my interview with the British Minister I omitted 
state that he informed me his Government had no other object in view 
making the Protest which I have mentioned, than to keep alive a right, 
be taken up when it might be deemed convenient. On the other hand 



DOCUMENT 51: DECEMBER 2O, 183! 87 

have it from what I consider good authority, that soon after the Protest was 
presented, the English Charg6 d' Affaires here attempted to make some 
arrangement, touching the Islands, with this Government; which, however, 
did not succeed. 

By reference to the Despatch of Captain Duncan, transmitted to the 
Navy Department, you will find that he has demanded Vernet of this Gov- 
ernment, to be delivered to him as a pirate, or for robberies comitted at the 
Falkland Islands: or that he be tried by the authorities here. I do not 
think that they will consider him in this light; but, to say nothing of his 
having forcibly taken out the cargo &c. of the Harriet, and sold it for his own 
account, previous to condemnation even the contract l made by him with 
the masters of the captured vessels, while his prisoners, would bespeak him a 
pirate; particularly when he makes them stipulate, in Article 6*? 1 "that no 
laws shall liberate them from penalty and forfeiture," &c. 

It appears that some short time since this Government granted to another 
individual the exclusive right of the Seal fisheries along the Coast of Pata- 
gonia, where our Sealers have frequented for years, and to which, I suppose, 
they have as good a title as to the Falkland and other islands about Cape 
Horn. Yesterday, however, I had it direct from the person holding this 
monopoly, that the Government has suspended it. 

My last letter to this Government under date of 15^ instant, 2 was handed 
in on friday morning, the i6 t . h , and, on the following monday the Minister for 
Foreign Affairs, Don Tomas M. de Anchorena, retired from the Cabinet, for 
the purpose, as stated in the Gazette, of revising the Judiciary System. This 
place is to be filled, temporarily, by the present Minister of Finance, D. Man- 
uel J. Garcia, a most absolute tool of the British Government. Whether 
this movement has any connection with the subject of our correspondence, or 
any difference in the Cabinet existed in relation to it, I do not know. 

In conclusion, Sir, I would call your attention to the observation of the 
Minister towards the close of his letter of the Q^, 3 where he says that in case 
Captain Duncan, or any other person belonging to the Government of the 
United States, shall do any act, or take any step that may tend to a denial or 
disavowal of the rights of this Government to the Falkland Islands, fisheries 
&c. it will (in addition to the forwarding a formal complaint to our Govern- 
ment) resort to all the measures it may deem proper to cause such rights to be 
respected. Captain Duncan's views and intentions are doubtless made 
known to the Secretary of the Navy. So far as I am acquainted with them, 
he will first proceed to Staten Land, to save, if they yet exist, seven men, left 
there ten months since, by one of the captured vessels with a supply of provi- 
sions for six months and then pursue his course to the Falkland Islands, 
where he will protect our commerce and citizens by depriving those ad- 

1 See above, this part, doc. 42, note 3, second document. 

8 See above, this part, doc. 50. 3 See above, this part, doc. 49 . 



88 PART II: COMMUNICATIONS FROM ARGENTINA 

venturers of their arms &c. retake the captured property he may find then 
and perhaps remove such persons as can be identified by the Captain of th 
Harriet, as having been concerned in capturing and robbing the vessels 
Should this be the result, it is possible that this Government (as it seems to b 
insinuated or threatened in the Minister's note above referred to) may resor 
to reprisals or embargoing American property here. I would, therefore, sub 
mit to your Consideration the propriety of immediately increasing our nava 
forces in this River. This contingency is only possible, as I have said ; ye1 
as the question of the captured vessels, as well as our right to the fisheries 
and, I would hope, all claims of American citizens on this Government- 
will now be settled, an increased naval force will not be a useless argu 
ment. 

Aware, Sir, of the novelty and importance of the question in which I hav 
so unexpectedly found myself engaged, I have endeavoured to fulfil my dut 
according to the best of my judgment; and if my conduct shall meet th 
approbation of the President and yourself, I shall rest perfectly satisfied 
whatever may be the result. 

I have the honor [etc.]. 



52 

Manuel J. Garcia, Minister of Foreign Affairs of Argentina, to George W 
Slacum, United States Consul at Buenos Aires l 

[TRANSLATION] 

BUENOS AIRES, February 14, 183,2. 

The undersigned, Minister of Foreign Relations, addresses Mr. George W 
Slacum, Consul of the United States in this city, to inform him, that th< 
Government, considering the remarkable irregularity of ideas and of Ian 
guage in the official notes of the Consul relative to the incidents in connectior 
with the American fishing vessels along the coasts of the Malvinas Islands 
belonging to, and in possession of, this Republic, and the prejudices whicl 
their conduct has excited, especially after the unwarranted proceeding in th< 
said Islands by the Commander of the United States War Ship, Lexington 
and that the strong feeling which that action has aroused obliges it to re 
move with the greatest care all that directly or indirectly might aggravate 
the feelings or change the moderation and temperance with which negotia^ 
tions between civilized and friendly Governments should be conducted, has 
judged it opportune, and conducive to such ends, to suspend all officia 
relation with Mr. Slacum, who may name some person duly qualified to sub' 
stitute for him in his Consular duties. Notice of said resolution is thus 



The undersigned greets the Consul with due respect. 



53 

Manuel J. Garcia, Minister of Foreign Affairs of Argentina, to George W. 
Slacum, United States Consul at Buenos Aires x 

[TRANSLATION] 

BUENOS AIRES, February 15, 1832. 

The Undersigned, Minister of Foreign Affairs, has received the note of 
Mr George W. Slacum dated this day 2 to which he annexes copy of a letter 
he has received from the Commander of the Sloop Lexington who informs 
him that he will place at liberty the prisoners which he has on board, upon 
this Government's giving an assurance that they acted under its authority. 

The Undersigned informs M? Slacum that M? Vernet was named Political 
and Military Commandant of the Malvinas (Falkland) Islands in conse- 
quence of the decree of lo*. 11 June 1829, published on 13^ of the Same month; 
consequently, the said Vernet and the individuals who served under his 
orders, can be judged only by their own authority. In the meantime, the 
Undersigned Salutes M? Slacum with his accustomed consideration. 



54 

George W. Slacum, United States Consul at Buenos Aires , to ManuelJ. Garcia, 
Minister of Foreign Affairs of Argentina 3 

BUENOS AIRES, February 16, 1832. 

The Undersigned, Consul of the U. S. has the honor to acknowledge the 
receipt of the note of His Excellency the Minister of Foreign Affairs, under 
date of the 14^ instant, 4 in which H. E. makes known to him, that, "the 
Government, considering the remarkable irregularity of ideas and of language 
of the official notes of S? Consul, relative to the occurrences with the Ameri- 
can fishing vessels on the coasts of the Malvinas Islands, belonging to, and in 

1 Despatches, Argentine Republic, vol. 4., enclosed with Slacum to the Secretary of State, 
No. 8. below, this part, doc. 55. ,.,.,., , ^ . , 

2 Slacum's note of February 15, 1832, was not found either in this volume 4, of Despatches 
from the Argentine Republic or in the volume, also numbered four, of Consular Letters from 
Buenos Aires for this period. The contents of Slacum's note and its enclosure appear to be 
clearly revealed however, in this note of the same date to him, from the Foreign Minister. 

8 Despatches, Argentine Republic, vol. 4, enclosed with Slacum to the Secretary of State, 
No. 8, below, this part, doc. 55. 
4 See above, this part, doc. 52. 



9O PART II : COMMUNICATIONS FROM ARGENTINA 

the possession of this Republic, and the prejudices his conduct has excit 
especially since the aggression perpetrated by the Commander of the U. 
Ship Lexington at said Islands; and that the lively sensation which tl 
violence has produced requires the diligent removal of every thing that can sc 
minds or disturb the moderation and temperance with which affairs betwe 
civilized and friendly Governments ought always to be conducted; 1 
judged it opportune and conducive to those ends, to suspend all offic 
relation with M? Slacum, who can name, to substitute him in his Consu 
functions, any person duly qualified; of which resolution, correspond] 
notice is given to the Government of the United States, which will no doi 
be satisfied, as well with the object, as the motives that produce it." 

The Undersigned cannot refrain from expressing his surprize at so extra 
dinary a communication ; and, in reply to that part of it which has referei 
to "the remarkable irregularity of ideas and of language in his official note 
the Undersigned would observe, that his correspondence upon the subj 
of the captured American fishing vessels, was closed as early as the 15^ 
December last, in consequence of the communication, under date of the 
of that month, 1 from H. E. the late Minister of Foreign Affairs, S? 
Thomas M. de Anchorena, and the whole matter referred to the conside 
tion of the Government of the United States, as then declared. 

In further answer to H. E. the Minister, the Undersigned cannot suppr 
the astonishment which he feels at the allusion made to his conduct after 1 
result of the visit of the Lexington to the Falkland Islands was made knov 
being entirely ignorant of anything, on his part, which could possibly call 
such intimation. And, in the belief that His Excellency laboured unde: 
remarkable misconception, he cannot but regret that H. E. had not been 
distinct as to have enabled the Undersigned to form some idea of what v 
intended, and to have left room for explanation. 

However, this Government has thought fit to suspend the Consular fu: 
tions of the Undersigned, and to deprive him of his public character; at 1 
same time to grant him permission to appoint some person duly qualified, 
substitute him in the discharge of those functions. 

The Undersigned will not allow himself to make any observations upon 1 
novelty of this procedure ; but will only say that he has not received instr 
tions from his own Government to cease his Consular functions here, nor is 
authorized in such a case as this, to appoint a person in his stead; he c 
therefore, only leave to this Government the responsibility of the act of 
suspension, and any, and all other measures which it may deem proper 
pursue. 

The Undersigned avails himself of this occasion to offer to H. E. 
Minister of Foreign Affairs the assurances of his highest consideration a 
respect. 

1 See above, this part, doc. 49. 



DOCUMENT 55: FEBRUARY 2O, 1832 9! 

55 

George W. Slacum, United States Consul at Buenos Aires, to Edward Living- 
ston, Secretary of State of the United States l 

No. 8 BUENOS AIRES, February 20, 1832. 

SIR: I have the honor to transmit herewith, duplicates and originals in 
relation to our vessels captured at the Falkland Islands by orders of Lewis 
Vernet; and you will also be informed of events which have transpired since 
I last had the honor to address you. 

The extraordinary course pursued by this Government I sincerely hope 
will meet the immediate attention of the President; and that the sentiments 
and intentions expressed in his late message may be realized, is the earnest 
wish of every American here. What may be the ground of complaint on 
the part of this Government against me, I am at a loss to conceive. My 
official correspondence speaks for itself; and by that I am willing to be 
judged. Nor can I imagine any thing else on which this pretended complaint 
is to be founded. I had gone to Montevideo, on pressing and important 
matters connected with my commercial establishment, to remain but a few 
days. A severe bilious fever, however, confined me to my room nearly a 
month, and in the meantime the Lexington arrived, entirely contrary to my 
expectations, as Captain Duncan's last letter to me, states his intention of 
going [to] Rio de Janeiro from the Falkland Islands. The moment I knew 
the result of his visit to the Islands I hastened home, as was my duty, and 
four days after my return, I received the insulting letter from the Minister, 
dated I4 t . h instant; 2 copy now enclosed. 

You will perceive, Sir, that every measure has been resorted to by this 
Government to inflame the minds of the people; and the ridiculous and false 
statements in the accompanying Gazettes will give you proof of the assertion. 

M? Fox, the English Minister, opposes the preposterous claim of this 
people, and his opinion is, that his Government will insist upon the entire 
breaking up of Vernet's establishment and throwing the fisheries open, as 
heretofore, to all nations. You will understand, Sir, that no English vessel 
has been captured or molested. And why? They durst not do it. And at the 
moment of seizing upon our vessels, they knew they stood upon disputed 
territory, and for which they had not the title deeds. Sir, this Vernet has 
remained in those Islands upon sufferance; and he had been ordered by the 
British Consul here not to interfere with English vessels. 

I will conclude, Sir, by assuring you that if this signal outrage is passed 
over without immediate and ample satisfaction, we may bid adieu to all na- 
tional respect and to all security for our Citizens and commerce. 

Trusting that you will excuse this hasty note, 

I have the honor [etc.]. 

1 Despatches, Argentine Republic, vol. 4. The three preceding documents came as 
enclosures. 2 See above, this part, doc. 52. 



92 PART II: COMMUNICATIONS FROM ARGENTINA 

N. B. The decree to which the Minister refers, dated io th June 1829, wj 
passed during the short revolutionary Government of Lavalle, which, ev 
since, has been called "intrusive," by the present, and almost all its aci 
declared null. 

The answer to Cap* Duncan, too is an evasion. He asks the assuranc 
of this Government that the prisoners on board his ship acted under r 
authority. The Minister says they acted under the decree of 10* Jur 
1829. A Gentleman has this instant stepped in to inform me that tr 
vessels are condemned. This may be true, or not. 

I should not be at all surprized if the persons at present in Power wei 
ejected in the course of a few months; such is the unstable tenure by whic 
they hold their office, and the unsettled state of the Public mind. 



56 

George W. Slacum, United Slates Consul at Buenos Aires, to Edward Living 
ston, Secretary of State of the United States l 

No. 9 BUENOS AIRES, February 25, 1832. 

SIR: I have the honor to transmit herewith duplicate of my last despatc 
N? 8, 2 also duplicate copies of correspondence with this Government (i 
indeed, it can be so named) originals forwarded per brig Montevideo. Yc 
will also be pleased to receive a continuation of the file of Gazettes of th 
place, by which you will perceive that my official correspondence is brougl 
before the public under the immediate supervision of Government; as tl 
press is entirely under its control, and no article can be published withoi 
being submitted to its censorship. This conduct, but more particularly m 
suspension, has excited the most lively indignation among the foreign agen 
here, and H. B. M's Minister has expressed himself in the strongest terms < 
disapprobation. Indeed, I have heard that it is contemplated to make 
remonstrance against it. 

Thus, Sir, the measure of insult and indignity offered by this Governmei 
to my own is now complete the Consulate of the United States no long< 
exists. 

I have faithfully discharged my duty to the last, and it now remains to rr 
Government to take those measures which in its wisdom it may deem prop< 
to adopt. 

I have the honor [etc.] 

1 Despatches, Argentine Republic, vol. 4. * See above, this part, doc. 55. 



BUENOS AIRES, February 25, 1832. 

MY DEAR SIR: The despatches 2 which I have at different times for- 
warded to the Dept will give you an idea of the outrages committed upon our 
flag and our Citizens at the Falkland Islands Fortunately the Presi- 
dent's Message reached here the day after the result of the Lexington's visit 
was known; or I have no doubt some extraordinary measures would have 
been taken by the two men now in power. That part of the message which 
refers to the F. Island affair threw them into a good deal of consternation; 
and has been the cause of the course pursued toward me Their object 
will now be to patch up the matter as well as they can (knowing the sentiments 
of the President) by attempting to sacrifice me This of late has become a 
part of foreign Diplomacy when a Gov* finds no other mode of escape 
This outrage is the more aggravated when we consider the fact that this 
Government was in possession of the English Protest drawn up by Lord 
Aberdeen in the latter part of 1829 and presented by the English Consul 
Genl 

These people have no claim whatever to those Islands Nor have they 
ever had an Officer or Soldier upon them Vernet is an adventurer, and 
the Colony as they call it consisted of about 40. persons of all sorts privately 
hired and in his service They call this a Republic, I assure you there is 
not on earth a more despotic Monarchy, the Governor is invested with 
extraordinary powers and his word is the law If our Gov* does not take 
decisive and strong measures we must all leave a Country where no freeman 
can reside 

Sincerely Your friend 



58 

George W. Slacum, United States Consul at Buenos Aires, to Edward Living- 
ston, Secretary of State of the United States 3 

No. 10 BUENOS AIRES, March 20, 1832. 

SIR: I have the honor to transmit herewith duplicate of my last despatch 
N? 9 4 also copies of letters and depositions received from Silas Duncan 
EsqT,. Commanding the Lexington Sloop of War. 6 You will also be 

1 Despatches, Argentine Republic, vol. 4. 2 See above, this part, docs. 56 and 57. 

3 Despatches, Argentine Republic, vol. 4. 4 See above, this part, doc. 56. 

6 Commander Duncan's letter to Slacum, dated U. S. S. Lexington, Off Montevideo, 
February 2, 1832, and the agreement and depositions referred to, all of which were enclosed 
with this despatch, follow: 



94 PART II : COMMUNICATIONS FROM ARGENTINA 

pleased to receive copy of an agreement, between Vernet and the ship- 
wrecked mariners of the American sealing schooner Belville (lost on the 
Island of Terra del Fuego) made, or forced upon them, while his prisoners. 
This document speaks for itself comment is unnecessary. 

DEAR SIR: The U. S. Ship Lexington has just arrived at this place from a cruise 
about the Falkland Islands, with a number of passengers and some prisoners. 

The whole of the transactions in connection with the capture of our fishing vessels at 
the Falkland Islands, have been of the most infamous and iniquitous character. 

After the capture and robbery of the schooner Harriet, she was placed in command of 
one Matthew Brisbane, and sent to the Westward, when she attempted to capture the 
American schooner Elizabeth Jane, but did not succeed. I have to ask, in what 
character this vessel then sailed, and under what colors; and whether she was not, to all 
intents and purposes, a piratical vessel? She had been seized, and, whether legally, or 
illegally, she had not been condemned; she must, of course have been cruising without 
any authority whatever and was a piratical vessel. 

You will perceive, by enclosed affidavits the extent to which these outrages upon our 
flag and citizens have been carried. 

These individuals, with Vernet and Brisbane at their head, had not the means of 
fishing, themselves, but their plan was to fish by proxy; and, whilst they laid claim to all 
the fish in the Southern Ocean, they were to compel our citizens to catch them for their 
use. 

They made prisoners of the crew of the American schooner Belville, which vessel had 
been wrecked; and it is no less strange than true, that this Matthew Brisbane was on 
board the Belville, as a pilot, at the time of her being so wrecked, and that the said 
Brisbane, in connection with Vernet, afterwards made prisoners of the crew and forced 
them, by threats and menaces, into their service; and they have since been employed 
fishing on their account. 

Seven Americans were left upon a desolate Island, with a limited supply of provisions, 
and an agreement extorted from the Master of the captured schooner Superior, to which 
vessel they belonged, that they should not be relieved by him, but by Vernet, himself. 
In order that this may be understood, it is necessary to explain that the character of the 
American schooner Superior was also changed without any authority, and her papers 
taken from her. Under what flag did she sail? Was Vernet, the captor, authorized to 
condemn American vessels without trial, and to send them cruising? 

These men, so left without the means of subsistence, were not, however, relieved by 
Vernet ; but the only vessel at the Island (the schooner Harriet) was, after a detention 
of three or four months, taken by Vernet to Buenos Ayres to suit his own purpose, and 
to transport his family and most of his effects. 

You will perceive, by one of the affidavits herewith enclosed, that an American 
citizen, by the name of Crawford, was deprived of food by Luis Vernet and his associates, 
and must have perished, if he had not been supplied by Captain Davison, by stealth, 
and contrary to Vernet's orders. This man was, at one time, actually so weak, from the 
want of sustenance, that he could scarcely walk; and this was done to compel him to 
assist in the capture and plunder of his own Countrymen. 

The following is the preamble of an agreement, as it is called, between Luis Vernet 
and the shipwrecked crew of the Belville. 

[Here he quotes the preamble, for which see the first paragraph of the following 
document.] 

Whilst these outrages upon the persons and property of American Citizens were 
perpetrated, it was declared by them that they could not capture English vessels under 
similar circumstances, with the same propriety, and did not, in fact, attempt to do so. 

I am, Sir, very respectfully [etc.]. 

The following individuals, Isaac P. Waldron, George Lambert, John Jones and William 
Smiley, having been arrested in the Colony of Port Luis, on suspicion of having trans- 
gressed the laws of the Country, and sundry summary evidences having been taken, 
which justified the remittance of these persons to Buenos Ayres to stand their trial 
Don Luis Vernet, Governor of the Falkland Islands, took into consideration that the 
result of such trial, whether unfavorable or favorable, would, in their peculiar situation 
always become an evil to them, who, on the other hand, according to all appearances and 
information received, are a hardy set of men and of an industrious disposition, capable 



As I had anticipated, other changes have taken place in the Government 
tere; both Ministers with whom I corresponded in the case of the Falkland 
aptures, have resigned the latter, Garcia, a few days after he distinguished 
timself in my letter of suspension. Three new Ministers have entered upon 

of becoming useful members of this colony, if set at liberty to follow their favorite pur- 
suit of sealing; and having at the same time no unfavorable, impression of them in his 
mind; has, with their free will and consent, entered into the following agreement with 
them, which they make in behalf of themselves and of their companions, namely, 
George Dow? James Burr, [Sic] Samuel Marston, Isaac C. Roundy, and Gordon Lowell, 
now on Eagle Island, occupied in building a shallop. 

ARTICLE i s . T The first named four individuals shall be sent by M* Vernet to Eagle 
Island, where they oblige themselves, to conclude the building of said shallop, until she 
be made a good and serviceable ves_sel for sealing among the Falkland Islands. 

ARTICLE 2? M? Vernet obliges himself to furnish them, on their departure from this 
Port, for the use of said shallop, the following articles, Viz. 

One puncheon Bread, two Blls. flour, two Blls. pork, one Bll. molasses, one pig of 
lead, eight Ibs. cut nails (Desk), hooks, thimbles & blocks, one pistol, two Ibs. shingle 
nails, some brimstone, large saw, one third bll. tar, kedge & hawser, fourteen fathom 
large cable for rigging, one Ib. twine, one bag of Shot, one Keg of Powder, six dozen 
musket & pistol flints, some percussion caps, three files and one chisel J4 in., six Ibs. 
boat nails, one boat sail, one half keg white lead, some paint oil, paint brush, one keg 
green paint, spar for foremast, some junk, steels and Knives, fifteen Ibs. salt, ten gall. 
Water Kegs, an Epitome. 

ARTICLE 3? The vessel, being concluded, shall be for account and risk of Mr. Vernet, 
to be commanded by Isaac P. Waldron, James Burn [Sic] mate, and George Dow, Pilot, 
and the rest, seamen. She shall be under the flag of the Republic of Buenos Ayres, 
with regular papers from the authority on these islands, and shall proceed to seal the 
Falkland Islands during the coming pupping and shedding season, and on the first day 
of June, Eighteen hundred and thirty two, the voyage shall be ended in Port Luis, and 
this contract shall likewise cease. 

ARTICLE 4 M? Vernet obliges himself to purchase said shallop, completed, as 
stated in the first Article, for four hundred dollars in silver money, and for the articles 
they have in their possession, according to account rendered by G. Lambert, the sum of 
two hundred and seventy silver dollars, payable on the first day of June, Eighteen 
hundred and thirty two, in equal parts to the individuals that sign the Agreement and 
fulfil it; M* Vernet conceiving said shallop and articles are worth nothing unless she be 
put afloat and finished; and it is understood that she shall be staunch, tight and strong, 
of about twenty tons burthen. 

ARTICLE 5 The provisions furnished by M? Vernet are calculated to last until the 
first of December next, on or before which day, the shallop must come to Port Luis to 
get new supplies and regular papers. 

ARTICLE 6 At the end of this contract, the acquired skins or any thing else to be 
obtained by the ship's company, shall be divided in two equal parts, one for M* Vernet, 
and the other for the ship's company. 

ARTICLE 7 The Captain and Mate shall render an accurate account, by Log-book, 
of the skins and other property obtained, and of the operations during the voyage; 
and the whole ship's company bind themselves to act, in every respect, in an honorable 
manner, as becomes good men. 

ARTICLE 8 M' Vernet will give into the charge of the Captain of the shallop some 
circulars, which he is to address to any sealing vessels that he may meet with among 
these Islands, which circulars he shall endeavour to deliver in the presence of several 
persons, telling the Master at the same time, verbally, the risk that he runs of losing his 
vessel, if he persists in sealing these islands, or the other parts of this Jurisdiction. And 
it is understood that if such Master persists in sealing, and information is given thereof 
by the shallop to M* Vernet, and such offending vessel, in consequence, becomes a 
lawful prize, the said shallop shall be entitled to one half of the gain thereby arising, 
according to the result of the trial that such vessel may undergo. 

ARTICLE 9 As security for the true and failthful fulfilment of the obligations im- 
posed on the ship's company by virtue of this contract, they agree to deliver to Captain 
Matthew Brisbane the seal skins and whale bone that they have acquired about these 



96 PART II: COMMUNICATIONS FROM ARGENTINA 

their duties, of whom, however, I know but little. Of the progress, or 
result of the trial of the Harriet and other vessels I have no further inforr 
tion. She still remains in a dismantled State, under the guns of a schoo 
of War the only vessel of that description belonging to Government. 



Islands 'till this day, for which said M. Brisbane, shall give a receipt in the nam 
M? Vernet.- 

ARTICLE IO T . B M? Vernet obliges himself on the first day of June, Eighteen hunc 
and thirty two, after having delivered to the ship's company one half of the seal sk 
and half of all other property that may have been acquired by said shallop in the cc 
try, to return out of his half the same number and quality of seal skins as Captain I 
bane had received for purposes specified in the 8*? article, and to return as much W 
bone, is acquired, or to account for the same at the rate of twenty four cents per 
after which the ship's company will obtain an honorable discharge, and be at lib 
to stay or go where they please. 

In proof where of, the first named four individuals have signed this with me in ] 
Luis, this twentieth day of September, One thousand Eight hundred and thirty one 

Luis VERNET MARCUS B. YOUNG 

ISAAC P. WALDRON GORDEN F. LOWEL 

GEORGE LAMBERT ISAAC C. ROUNDY 

WILLIAM SMILEY SAMUEL MARSTON 

JOHN JONES GEORGE C. Dow 

*[The name of Burr (Burn?) does not appear in State Dept. doc. Ed.] 

Gilbert R. Davison, late master of the American Schooner Harriet, of Stoning 
deposeth and saith that Matthew Brisbane is an active associate to Luis Vernet, 
that his schooner was captured and plundered by, and under the direction of, both tl 
men assisted by a number of desperate and ruffianlike characters in their employ on 
Island; that this Brisbane did personally assist in plundering the Harriet's stores, at 
same time declaring it to be his intention, upon the arrival of a schooner that he 
pected very shortly, to capture all American vessels, including Whaling ships, fo 
fishing or taking whale in the vicinity of any of these Islands and Coasts. 

This deponent further states, seven men have been left on Statenland, without 
means of subsistence for any length of time, in consequence of these proceedings; 
that the schooner Harriet has been taken to Buenos Ayres, instead of being sent to 
relief of these men. 

GILBERT R. DAVISON, 
late master of schooner Harrie 
Sworn before me, this 2? day of Jan? 1832. 

S. DUNCAN, 

Comma 1 ! U. S. S. Lexingtoi 
Witness 

HENRY METCALF 
JN? TRUMBULL 

Gilbert R. Davison, late Master of the American schooner Harriet, of Stoning 
deposeth and saith that Luis Vernet (styled Governor and Proprietor of the Falk 
Islands) did endeavour, by threats and confinement, to compel an American sear 
by the name of Crawford, to assist him in capturing American vessels, and that the 
Crawford was actually kept without provisions for a length of time, and must ] 
perished by famine, but for the assistance occasionally rendered him by this depon 
which he, this deponent, was compelled to do by stealth, and in opposition to the or 
of this Vernet. 

GILBERT R. DAVISON, 
late Master of the schooner Harri 
Sworn before me, this 3? day of January 1832. 

S. DUNCAN, 

Comma". U. S. S. Lexingtc 
Witness 

HENRY METCALF 
JN? TRUMBULL 



H. B. M.'s Consul General, Woodbine Parish Esq? has sailed with his 
family for England; and M? Fox, the English Minister, will soon depart for 
Rio de Janeiro, to which Court he is appointed, leaving the Secretary of 
Legation Charg6 interino [interim?]. 

Gilbert R. Davison, late Master of the American schooner Harriet, of Stonington, 
deposeth and saith that he has frequently heard Luis Vernet and Matthew Brisbane 
declare it to be their determination to capture all American vessels, including whaling 
ships, as well as those engaged in catching seal, upon the arrival of an armed schooner, 
for which they had contracted: said schooner to carry six guns, with a complement of 
fifty men. 

And this deponent further saith that he has heard Matthew Brisbane say, frequently, 
that M? Vernet had left orders with one Henry Metcalf to capture all American vessels 
that might be found fishing in these seas; and further, that this Vernet and his associates 
have compelled the individuals belonging to the captured vessels to enter his employ, 
and, in some instances, to assist him in the capture of other American vessels. 

GILBERT R. DAVISON, 
late master of the schooner Harriet. 
Sworn before me, this 4^ day of Jan? 1832. 

SILAS DUNCAN, 
CommcP- U. S. S. Lexington. 
Witness 

W? D. NEWMEN. 
JOSEPH STALLINGS. 

I, Gilbert R. Davison, late Master of the American schooner Harriet, of Stonington, 
do hereby solemnly swear and aver, in the presence of Almighty God, that the seven 
individuals now on board the U. States' Ship Lexington, hereinafter named, were con- 
cerned, either as accessories or principals, in the illegal capture and subsequent plunder 
of the said schooner Harriet, formerly under my command: To wit Matthew Brisbane, 
Sylvester Nunes, Jacinto Correa, Juan Braceido, Domingo Pacheco, Manuel Gonzales, 
Dionisia Heredia. 

And I, Gilbert R. Davison, late master, as aforesaid, do hereby solemnly swear and 
aver that one Matthew Brisbane, now on board the U. S. S. Lexington, was the principal 
and most conspicuous character in the capture and subsequent plunder of the American 
schooner Harriet, while said vessel was lying at anchor in Berkeley Sound, East Falk- 
land. 

And I do further solemnly swear and aver that Sylvester Nunes, now on board the 
U. S. S. Lexington did fire three successive shots at the boat that he presented a pistol 
at the Mate's head, to prevent his coming out of the cabin of the schooner Harriet, and 
did, with the end of a cocked gun, force the Captain of the schooner Superior down into 
the hold of the schooner Harriet; that said Sylvester Nunes was also^a principal man 
among the guards who ditained him as a prisoner, and that he assisted in plundering the 
vessel. 

And I do further solemnly swear and aver that Jacinto Correa, now on board the 
U. S. S. Lexington, went on board the schooner Harriet, as one of the prize-crew, and 
that he assisted in preparing a gun for the capture of the American schooner Elizabeth 
Jane, whilst at New Island, West Falkland. 

And I do further solemnly swear and aver that Juan Braceido, now on board of the 
U. S. S. Lexington, was one of the guard by which myself and crew were made prisoners 
in Berkeley Sound. . 

And I do further solemnly swear and aver that Domingo Pacheco (or Bayjeco) now 
on board the U. S. Ship Lexington, assisted in the capture of the American schooner 
Harriet in Berkeley Sound (East Falklands) and that he was one of the prize crew, in 
going with said vessel to New Island, West Falkland, where she attempted to capture the 
American schooner Elizabeth Jane, and that he was also one of the Guard who confined 
the Harriet's crew and assisted in plundering and discharging her cargo. 

And I do further solemnly swear and aver that Manuel Gonzales assisted as one of the 
guard in detaining the crew of the Harriet as their prisoners on shore. 

And I do further solemnly swear and aver that Dionicia Henedia, now on board the 
U S S. Lexington did assist in plundering the schooner Harriet, and in confining myself 
arid crew whilst lying at anchor in Berkeley Sound, and that he did assist in taking out 



98 PART II: COMMUNICATIONS FROM ARGENTINA 

I have been waiting, with some anxiety, the receipt of letters from : 
Department, or the intelligence of the appointment of a Minister. In i 
absence, however, of such intelligence, I have secured and packed up 
papers and documents belonging to the Legation, as well as every thi 
connected with the Consulate, and have it in contemplation to embark in 1 
British Packet, to sail in a few days, for Montevideo, where I shall aw 
instructions from the Department or the arrival of a Minister. 

I have the honor [etc.]. 



59 

Francis Baylies, United States Charg6 d" Affaires at Buenos Aires, to 
Livingston, Secretary of State of the United States 1 

[EXTRACT] 
Confidential Rio DE JANEIRO, May 18, 1832. 

The Portugueze and Brazilians regard each other with feelings of deep a 
bitter malignity. 

This state of affairs cannot endure long there will be an outbreak a 
other tumultuary movement will be accompanied with havoc plunder, 
assassinations and such is the capricious, fearful and vaccillating charac! 
of the people that it is impossible to foretell which party will prevail, 
what changes will be made. 

At present the people evidently dislike the Americans a little less th; 
other nations but there is a vast American trade here and generally 
vast amount of property in the hands of American residents, all this mig 
be in jeopardy in a time of revolution Would it not be sound natior 
policy to place a stronger naval force in station here, including a large f riga 
or a seventy four? These people are more influenced by physical force th: 
by the force of reason! 

The information from Buenos- Ayres is unfavourable. I have seen t 
British Packet an English paper printed there to the last of March whi 

her gun, upon seeing a vessel in the offing, supposed to be coming in, but which ves 
did not enter the harbor. 

And I do further solemnly swear and aver that all the beforementioned occurrenc 
took place between the 29^ day of July 1831 and the 9'!" of November 1831. 

GILBERT R. DAVISOJST, 
late Master of the schooner Harriet. 
Sworn before me, this twelfth day of Jan? 1832. 

S. DUNCAN, 

Comma". U. S. S. Lexington. 
In the presence of 

JOHN H. LITTLE, Lieu 1 . W L. VANHORN, ass? Surg? 
P. CHRISTIE, Surg? B. F. SHATTUCK, 

A T MTt^^r T37. -O T T-, /-I ^1 



DOCUMENT 60: JUNE 2O, 1832 99 

seemed to indicate amongst that people a spirit exceedingly hostile to the 
United-States. A solitary paper of the i6th of April was free from the 
violence of those which had preceeded it. All the information from in- 
dividuals would indicate the existence of much violence and excitement, and 
of great exasperation against Cap* Duncan. 

The manifesto of Louis Vernet done into very rare English I have also 
seen I should have forwarded it (although I suppose it will reach the 
department before this communication) but the owner of the solitary one 
which has reached this city, was unwilling to relinquish it. On a very hasty 
perusal it appeared to me to be a mass of crudities and contradictions. 

Were the government and people of Buenos-Ayres like the Government 
and people of other nations, I should apprehend from the language of their 
official acts that war was inevitable, but I am inclined to believe that their 
"point of honour" may be satisfied by loud talking and that their anger may 
evaporate in bluster. 

My course is a plain one and Capt Duncan has saved me, as I apprehend, 
some trouble. Without departing from the most rigid rule of national 
courtesy I shall not abandon one tittle of our maratime rights. 

I understand from Mr Aston the British Charge here that the claim of 
Great-Britain to the Falkland Islands has never been abandoned, and that 
it has been formally asserted ; recently. 

The British and French Charges here, profess a strong and friendly interest 
in the success of the negotiation, and have been so civil as to say that the 
American Government are contending for the common rights of maratime 
nations and therefore that every collateral aid which can be rendered with 
propriety ought to be rendered by the Representatives of their nations. 

The Peacock will sail tomorrow for Buenos-Ayres having been detained 
to this day for supplies. 

I have the honour [etc.]. 



60 

Francis Baylies, United States Charge d' Affaires at Buenos Aires, to Manuel 
Vicente de Maza, Acting Minister of Foreign Affairs of Argentina : 

BUENOS AIRES, June 20, 1832. 

The undersigned Charge" d'Affaires from the United States of America 
near the Government of Buenos-Ayres, has the honour to inform his Excel- 
lency the Minister of Grace and Justice, charged provisionally with the De- 
partment of Foreign Affairs, that he has been instructed by his Govern- 
ment, to call the attention of this Government, to certain transactions of 

1 Despatches, Argentine Republic, vol. 4, enclosed with Baylies to the Secretary of State, 
No. I, June 20, 1832, below, this part, doc. 61. 



IOO PART II : COMMUNICATIONS FROM ARGENTINA 

Don Luis Vernet who claims under a decree of this Government of the d 
of June 10 1829 to be "the Military and Civic Governor of the Falkl; 
Islands, and all those adjacent Cape Horn, (including Terra del Fuego' 
the Atlantic Ocean." 

Under colour of this decree, on the thirtieth day of July last, Gilber 
Davison, a citizen of the United States, and Master of a vessel called 
Harriet, sailing from Stonington in the State of Connecticut, one of s 
United States, and owned by citizens of the said States, in a time of i 
found peace, while pursuing lawful commerce and business, was forci 
arrested by a body of armed men acting under the orders of the Gover 
Vernet, who at the same time arrested his boat's crew, placed him in c 
confinement; subsequently seized the Harriet, forced the crew on shore ; 
imprisoned them all, excepting the Mate, Cook and Steward. The paper 
the Harriet and many articles on board were forcibly taken, and a part of 
articles were sold by order of the Governor without formal condemnatioi 
any legal process whatever. 

On the seventeenth day of August last, Captain Carew a citizen of 
United States and Master of the Schooner Breakwater, also sailing fi 
Stonington, and owned by citizens of the United States, in a time of profoi 
peace, while on lawful business, was by order of Governor Vernet arres 
and imprisoned at Port Louis, and the vessel which lay at St Salvador, on 
following day, was forcibly seized, deprived of her papers and detained: 
vessel was afterwards recaptured by the crew, who regained their liberty 
their courage and prowess, and reached their own country in safety. 
Master and four men being left on the Islands were compelled by the Gey 
nor to embark in a British vessel bound to Rio de Janeiro in Brazil, agai 
the will of the Master who was anxious to proceed to Buenos-Ayres in 
Harriet. 

On the nineteenth of August last, Captain Stephen Congar a citizen of 
United States commanding the schooner Superior sailing from the Citj 
New-York in the State of New- York, and one of the United States, belong 
to citizens of the said States ; was also in a period of profound peace, w 
engaged in lawful business arrested & imprisoned; and subsequently 
vessel also was forcibly seized and the crew imprisoned, by order of Gover 
Vernet, and vessel, master, and crew were forced into his service un 
the following circumstances 

While the Captains Davison and Congar were prisoners, closely guarc 
the Governor by operating on their fears, induced them to enter into 
agreement, which, amongst others, contained the following extraordin 
provisions. 

Having arrested and imprisoned them in his capacity of Military and C 
Governor, for violating the laws and the soveriegnty of this Republic 
gardless of the high official character in which he acted, and the dignity 



the Government under whose appointment he professed to act, instead of 
bringing them to trial for these offences, he endeavoured to compel them to 
enter his service for purposes altogether personal, and to substitute himself 
forcibly in the place of their owners ; and degrading the style and dignity of 
his high office by calling himself a Director instead of a Military and Civic 
Governor, and by undertaking to transform himself into a merchant, used 
his military and civic powers to extort from his prisoners a written obligation 
in the shape of a mercantile contract, to go with one of their vessels and its 
crew beyond his pretended jurisdiction, through the Straits of Magellan to 
the western coast of South America, for the purpose of taking seals on his 
account, for which service he afterwards selected the Superior her master, 
and crew. 

In mockery of those usages regarded by all Christian nations as solemn 
and sacred, he compelled these American citizens with minds depressed by 
imprisonment and sufferings, and all their prospects of fortune and com- 
petency blasted by his oppression, to bind themselves by oaths "to do nothing 
to compromise his interests," and in defiance of all legitimate authority and 
moral and patriotic obligations, compelled them also to agree that any 
deviation from this compulsory contract should be considered as a "breach 
of faith" and that "no laws should liberate them from the penalties and 
forfeitures" which he chose, under these circumstances, to impose upon 
them : thus attempting to secure his own 'piratical interests from the opera- 
tion of the laws by oaths of his own devising. The schooner Harriet arrived 
here on the twentieth of November last under his charge, and is now de- 
tained (as the undersigned has been informed) by virtue of some process 
emanating from this Government, and her crew (with the exception of five 
who had been liberated by the Governor, on their agreement to enter his 
service) , were put on board the aforementioned British vessel and sent with 
Captain Carew and some of his men to Rio de Janeiro. 

Seven men being a part of the crew of the Superior had been left previous 
to her capture on Staten land with provisions for six months, and in conse- 
quence of the detention of that vessel were exposed in that dreary and 
desolate region to the peril of dying from starvation, which would have been 
inevitable, without accidental succour, inasmuch as Captain Congar was 
restricted in the agreement to a direct voyage through the Straits of Magel- 
lan to the west coast of South America, and a direct return to Port Louis, 
and was obligated to avoid all communication with other sealers, and no 
steps whatever were taken for their relief. 

The Governor Don Louis Vernet has endeavoured to seduce American 
seamen from their own flag, and to allure all who were so base as to renounce 
their country, into his service, by the promise of extravagant wages. 

Wholly regardless of common rights of humanity, he has arrested and im- 
prisoned Isaac S. Waldron, George Lambert, John Jones and William 



IO2 PART II: COMMUNICATIONS FROM ARGENTINA 

Smyley all citizens of the United States, a part, of the crew of the Schoo: 
Belville of Portland in the State of Maine, Commanded by Captain Bi 
which vessel was wrecked on the coast of Terra del Fuego. 

He also forcibly seized a large number of seal-skins and a large quantity 
whale-bone then in their possession sold the skins to the Master of 
English Vessel, and transported the whale-bone to Buenos- Ay res and tl 
compelled these friendless, unfortunate, shipwrecked, imprisoned marin 
under threats of being sent to Buenos- Ayres to be tried for their lives 
pirates, to sign an agreement in behalf of themselves and five ship-ma 
who were then on Eagle-Island occupied in building a shallop in wh 
they stipulated that the shallop when completed, should be employed in 
seal fishery on his account, and should wear the flag of this Republic. 

Not satisfied with seizing their property and treating them as slaves, 
would complete the measure of their humiliation by reducing these Americ 
citizens, to a degree of moral debasement as low as his own, inasmuch, a; 
another article of this compulsory agreement after binding them by a mo 
ery of terms "to act in every respect in an honourable manner as becor 
good men " he would have seduced them to the commission of acts of violei 
and robbery on their own countrymen, by engaging to share with them 
profits arising from the plunder of the vessels which they should capture 

In this mode he has compelled individuals belonging to the captu 
American vessels to engage in his service and in some instances to ass 
in the capture of their own countrymen, and in one instance finding 
American Seaman by the name of Crawford refractory to his persuasic 
heedless of his threats, and unsubdued by imprisonment, he endeavoured 
force him into his service by depriving him of food and this wretched s 
man would have died of hunger, had not relief been administered secretly 
Capt. Davison in defiance of his orders. 

The undersigned would also call the attention of his Excellency the Mil 
ter of Foreign Affairs to certain declarations of Don Louis Vernet, importa 
as coming from a high functionary of this Government, the Military 
Civic Governor of an extensive region; and if those declarations are to 
considered as indicative of the sentiments and views of this Governm 
there would be just cause for apprehending that a project was in contemr. 
tion, involving the destruction of one of the most important and valua 
national interests of the United States the whale fishery for he declared 
Captain Davison that it was his determination to capture all Ameri< 
vessels including whaling ships, as well as those engaged in catching se 
upon the arrival of an armed schooner for which he had contracted, wb 
was to carry six guns and a complement of fifty men. 

The undersigned would also call the attention of his Excellency 
Minister to another declaration of the Governor, from which an inferenc 
fairly to be deduced that the citizens of the United-States were to be selec 



DOCUMENT 60: JUNE 2O, 1832 103 

as the special victims of his power, while the vessels and seamen of other 
nations were to be unmolested, inasmuch, as when he was told that the 
crew of the Adeona a British vessel had taken many seals on the Islands, and 
some even on the Volunteer rocks at the mouth of the Sound on which his 
establishment was placed his reply was, "that he could not take an English 
vessel with the same propriety that he could an American." I 

It may sometimes happen that nations may mistake their rights, and may 
attempt to establish sovereign jurisdiction over unoccupied territories not 
clearly their own, and to which their title may be disputed and other na- 
tions whose rights may be affected in consequence of such assumptions, are 
not necessarily obliged perhaps in the first instance, to regard acts en- 
forcing such jurisdiction as intrinsically and absolutely hostile, if their opera- 
tion is equal and indiscriminate: but if the citizens or subjects of one 
nation only, are subjected to penalties and punishments for violations of 
sovereign jurisdiction so assumed, while the subjects or citizens of other 
nations committing the same violations are unmolested such partial 
selection is evidence of hostile feeling, at least, in the officer to whom the 
authority to punish is delegated and the Government which justifies an 
officer, who thus favours and spares the one, and punishes the other, when 
both are in pari delictu, must be considered as avowing a preference injurious 
and hostile to the nation which suffers. 

The undersigned would also call the attention of his Excellency the 
Minister of Foreign Affairs to the period when the Governor began to capture 
American vessels and American citizens. The decree from which he pre- 
tends to derive his authority bears the date of the tenth of June 1829, and it 
remained a dead letter as to the North -Americans, until the thirtieth day of 
July 1831, more than two years from its date. It is a matter of public 
notoriety that the late Charg6 d'Affaires of the United States near this 
Government died in this city on the fourteenth day of June 1831. When it 
was ascertained at the Falkland-Islands that the American Representative 
was dead, this system of depredation on American property, and of outrage 
and violence on American citizens was commenced. It seems evident to the 
undersigned, that the Governor was well convinced that such atrocities if 
perpetrated previous to the death of the American Representative must have 
roused him from his apathy, insensible as he was, to the importance of this 
decree which has wrought so much mischief to his countrymen, and of which 
his Government to this day have not been officially informed. 

The Governor must have known (for he has resided many years in the 
United-States, and is well acquainted with their institutions and laws, and 
with the temper and disposition of the people) that no distance could smother 
the voice of just complaint when uttered by American Seamen: that it would 
have been heard even from this remote region by a Government never deaf to 
their entreaties for protection never insensible to their wrongs and injuries 



IO4 PART II : COMMUNICATIONS FROM ARGENTINA 

and that its echo would have traversed back the wide expanse of the oce 
waters which roll between the two hemispheres: he must have known t] 
the American Representative here, would have been compelled to have t 
this Government these solemn truths that the flag of the United-Sta 
must be respected whether floating beneath the constellations of the North 
the South that the wrongs of every American citizen must be redressec 
and that certain vital national interests, amongst which is the right of f 
fishery can never be abandoned : sensible of this, the Governor chose a ti 
for the exercise of his power in acts of despotism, when no high diplome 
functionary was here to advocate and protect the interests and the rights 
his countrymen and remained unchecked and uncontrolled, until 
American naval commander was found of sufficient energy and patriotism 
defend and protect those rights on his own responsibility. 

But had the Governor in the exercise of his authority confined himi 
merely to the capture of American vessels, and to the institution of proces 
before the regular tribunals which administer the laws in this country, -w 
the sole view of ascertaining whether transgressions against the laws and 
sovereignty of this Republic had, or had not been committed, and had he 
done in strict pursuance of his delegated authority Yet in the view of 
Government of the United-States, even an exercise of authority thus limit 
would have been an essential violation of their maratime rights, and 
undersigned is instructed and authorised to say, that they utterly d< 
the existence of any right in this Republic to interrupt, molest, detain 
capture any vessels belonging to citizens of the United States of America 
any persons, being citizens of those States, engaged in taking seals or wha 
or any species of fish or marine animals, in any of the waters, or on an> 
the shores or lands of any, or either, of the Falkland Islands, Terra 
Fuego, Cape Horn, or any of the adjacent Islands in the Atlantic Ocean 

In consequence of these repeated outrages on American property < 
American citizens, it has become the solemn and imperative, but unpleas 
duty of the undersigned as the Representative of the United-States 
America, to demand in their behalf, a restitution of all captured prope 
belonging to citizens of the United States, now in the possession of 1 
Government, or in the possession of Don Louis Vernet claiming under 
appointment to be the Military and Civic Governor of the Falkland Islar 
Terra del Fuego and all the Islands in the Atlantic Ocean adjacent Ca 
Horn and ample indemnity for all other property of American citiz 
which has been seized sold or destroyed by said Vernet, or persons act 
under his orders ; and full and ample immunity and reparation for all cor 
quential injuries and damages arising therefrom, & full indemnity to 
American citizens for personal wrongs, whether from detention, impris 
ment or personal indignities. 

The undersigned would also call the attention of his Excellency 



DOCUMENT 6l: JUNE 20, 1832 IO5 

Minister of Foreign Affairs to the case of the American Consul whose func- 
tions have been suspended by this Government not with a view to make any 
specific demand, because on this subject, he is not, as yet, specially instructed 
but merely to suggest to his Excellency, that the Government of the 
United-States, (in his opinion) if they do not view this act as absolutely 
hostile, (which he will not venture to affirm they do not) yet they must 
consider it as evidence of unfriendly feelings. The undersigned can find 
nothing in the conduct of the Consul (so far as he understands it) which will 
justify this Government in taking a step so strong and decisive as that of his 
suspension. Presenting his exceptionable acts to the consideration of his 
own Government would have been the more expedient and friendly mode to 
obtain redress, inasmuch, as that Government have always respected the 
feelings of the people amongst whom their Consuls reside. 

The undersigned would with much respect, suggest for the consideration of 
his Excellency the propriety of removing the obstacles which impede the 
exercise of the consular functions of Mr Slacum, until the views of the Govern- 
ment of the United-States respecting this question can be ascertained. 

The undersigned takes this occasion to proffer to his Excellency the 
Minister of Foreign Affairs the assurances of his high respect and considera- 
tion. 



61 

Francis Baylies, United States Charge d 'Affaires at Buenos Aires, to Edward 
Livingston, Secretary of State of the United States x 

N 0> t BUENOS AIRES, June 20, 1832. 

SIR: I have the honour to inform you of my arrival here. On the 5th inst 
the Peacock anchored opposite, but at some distance from the City: the 
unfavourable state of the weather prevented my landing until the afternoon 
of Saturday the 9th. 

The two succeeding days being devoted to religious solemnities and 
festivals the public offices were shut. 

On the 1 2th I announced my arrival to his Excellency Don Vicente Lopez 
then Minister of foreign affairs, and enclosed a copy of my letter of cred- 
ence, The Minister immediately resigned. 

On the 1 3th the note was answered by his Excellency Don Manuel Vicente 
de Maza, the Minister of Grace and Justice, charged provisionally with the 
Department of Foreign Affairs, who proposed an interview for the purpose of 
receiving my credentials on Friday the fifteenth. 

On that day I had an interview with him at his Office and presented my 
credentials. 

1 Despatches, Argentine Republic, vol. 4. 



IO6 PART II: COMMUNICATIONS FROM ARGENTINA 

On the same day I received a copy of the decree announcing that I \ 
accredited, which decree on the next morning was published in the Luce 
the Official Gazette, a copy of which I enclose. 

On the 1 8th I had an interview at my lodgings with Gen. Don Ji 
Balcarse the Minister of War and Marine. 

Both Ministers expressed an anxious desire to maintain friendly relati< 
with the United-States. 

On this day I addressed the communication enclosed, 1 to his Exceller 
the provisional Minister of Foreign Affairs, and the John Ashmun bei 
about to sail for the United-States, I have embraced the opportunity to f 
ward these despatches containing the whole statement of the progress 
affairs since my arrival. 

The Peacock sailed yesterday. The Warren and the Enterprise rem; 
in the River opposite the City. 

Capt Duncan has left Monte-Video in the Lexington for Rio de Janeiro 
take in a supply of provisions, after which, he will return. 

It is impossible at present to predict with any certainty the ultimate s 
cess of the negotiations. 

I have the honour [etc.]. 



62 

Manuel Vicente de Maza, Acting Minister of Foreign Affairs of Argentina 
Francis Baylies, United States Charge d 1 Affaires at Buenos Aires 2 

[TRANSLATION] 

BUENOS AIRES, June 25, 1832 

The undersigned Minister of Grace & Justice, charged with the Depa 
ment of Foreign Affairs has received, and placed in the knowledge of H. 
the Governor and Captain General of this Province, the note of Mr Cha 
d' Affaires of the United States of the 20th instant 3 complaining of the p 
ceedings of Mr Louis Vernet at the Falkland Islands, and making decla 
tions, which, some of them being of a serious nature, and others stran 
merit the serious attention of the Supreme Authority of this Country, 
order therefore to investigate the charges which Mr Chargd d' Affaires ma 
against the aforesaid Vernet, and before entering upon a reply to all 
points comprehended in his communication, H. E. has resolved under t 
date, that explanations be asked of Don Louis Vernet, upon all and each < 
of those relative to his public conduct, in the cases which bear on his respoi 
bility. In view of them and of the judgment the Government may form 

1 See above, doc. 60, under this same date, June 20, 1832. 

2 T~>Qr\'l +vh f>c Arrronfino ParmK1ir> trn\ /I oi-iTiai-onl-lir on ^1 <->oo/-l i.ri'+li HoxrK/io < <-Vi/i Qar.t-cx4 



DOCUMENT 63: JUNE 26, 1832 IO 7 

well from what may be exposed by Don Louis Vernet, as from those on 
which Mr Charge d' Affaires rests his reclamation, His Excellency will pro- 
nounce, without pretending to impair the private rights of citizens of the 
United States, who may be aggrieved or injured, or to sacrifice, either, to 
exorbitant pretensions those of Don Louis Vernet, and much less those 
public rights, which by the common law of nations belong to the Argentine 
Republic, as a sovereign and independent State. 

The undersigned salutes Mr Charge d' Affaires, at communicating to him 
the measure H. E. has adopted, with expressions of his most distinguished 
consideration. 



63 

Francis Baylies, United States Charge d' Affaires at Buenos Aires, to Manuel 
Vicente de Maza, Acting Minister of Foreign Affairs of Argentina l 

[EXTRACT] 

BUENOS AIRES, June 26, 1832. 

His Excellency the Minister says 2 that the complaints which the under- 
signed as the organ of his Government has addressed to him are serious: 
they are so, for they are preferred in behalf of American citizens to obtain 
redress for aggravated injuries: His Excellency also says that they are 
strange, as to this also the undersigned has the honour to entertain a similar 
opinion, inasmuch, as nothing can be more strange to the Government and 
people of the United-States than that outrages and violences should have 
been committed upon the persons and property of their citizens, under the 
sanction of the Government of Buenos-Ayres. 

His Excellency has also been pleased to inform the undersigned that ex- 
planations would be asked of Don Louis Vernet: the Undersigned will take 
the liberty to say, that, as to the substantive matter of the complaint, no 
further explanations are necessary; inasmuch, as Don Louis Vernet has ad- 
mitted in the public newspapers of this city under his own signature, that 
he has captured American Vessels which admissions cannot be unknown to 
His Excellency: neither can it be unknown to him, that the Schooner 
Harriet owned by citizens of the United States and captured by the said 
Vernet, is now detained in this Port, by virtue of a process issued by some 
tribunal within the jurisdiction of this Government. 

The aggravations with which these injuries on the persons and property of 
American citizens were accompanied, cannot affect the principle assumed by 
the Government of the United-States but are only important in ascertaining 

1 Despatches, Argentine Republic, vol. 4, apparently enclosed with Baylies to the 
Secretary of State, Private, June 30, 1832, below, doc. 64. 

2 See above, this part, doc. 62, dated June 25, 1832. 



108 PART II: COMMUNICATIONS FROM ARGENTINA 

the measure and magnitude of those injuries inasmuch as the Government 
of the United-States not only deny any right in the said Vernet to capture 
and detain the property or persons of their citizens engaged in fishing at the 
Falkland Islands, Tierra del Fuego, Cape Horn or any of the adjacent Islands 
in the Atlantic Ocean but also any right or authority in the Government of 
Buenos-Ayres so to do. 

His Excellency has been pleased to say, that "the public rights which by 
the common law of nations belong to the Argentine Republic as a sovereign 
and independent State, he will not pretend to sacrifice": to this the Under- 
signed can only say, that the Government which he represents has neither the 
intention or the disposition to bring into question any of the rights of the 
Argentine Republic but they wish to know distinctly from this Government 
whether it claims on its part, any right to detain or capture, or in any way to 
molest, interrupt or impede the vessels or the citizens of the United-States 
while engaged in fishing in the waters, or on the shores of the Falkland 
Islands and the other places already mentioned. 

The undersigned also takes the liberty to express to His Excellency the 
Minister of Foreign Affairs the hope that this enquiry may be answered as 
speedily as his convenience will permit and he has the honour to assure him 
that he is with sentiments of exalted respect and high consideration his 
obedient servant. 



64 

Francis Baylies, United States Charg6 d' Affaires at Buenos Aires, to Edward 
Livingston, Secretary of State of the United States l 

[EXTRACTS] 
Private. BUENOS AIRES, June 30, 1832. 

DEAR SIR: You will doubtless perceive the object of the provisional Minis- 
ter of foreign affairs in his reply 2 to my communication of the 20 th 3 which is 
to evade the main question, and to place me in the attitude of an accuser of 
Louis Vernet and so form an issue between him and the United States, and to 
shun the direct issue already formed between our country and Buenos-Ayres. 
In my answer I have put an enquiry in such direct terms that I cannot per- 
ceive how it is possible to evade it; to this, as yet, there is no reply. . . . 

I have received yours of April 3d 4 instructing me to justify the conduct of 
Capt Duncan. As yet, I have had no opportunity, as no complaint has been 
made officially. 

1 Despatches, Argentine Republic, vol. 4. 

2 See above, this part, doc. 62. 

8 See above, this part, doc. 60. * See above, this volume, pt. I, doc. 4. 



DOCUMENT 65: JULY 4, 1832 109 

65 

Henry S. Fox, British Minister to Argentina, to Francis Baylies, United States 
Charge d 'Affaires at Buenos Aires x 

BUENOS AIRES, July 4, 1832. 

SIR: As I learn from the Message of the President of the United States of 
America to Congress, of the month of December last, that you are charged by 
your Government to negotiate with the Government of Buenos-Ayres the 
settlement of certain questions arising out of events which have recently 
happened at the Falkland Islands, I consider it to be my duty, as His Brit- 
tanick Majesty's Representative in this Republick, and in order that no 
prejudice may be done to the rights of my Sovereign, to acquaint you, 
officially, with His Brittanick Majesty's Rights of Sovereignty over the 
Falkland Islands ; and with the steps which were taken at the proper time, 
by his Majesty's Government, to assert these rights and prevent them from 
being infringed upon 

With this view, I have the honor herewith to communicate to you an 
authentic.copy of the Protest, which, by order of his Brittanick Majesty, was 
presented by the British Charge d'Affaires to the Government of this Re- 
publick on the 1 9th of November I82Q, 2 against a decree that had been issued 
by the Authorities of the Province of Buenos-Ayres on the loth of June 1829 

1 Despatches, Argentine Republic, vol. 4, enclosed with Baylies to the Secretary of 
State, No. 3, July 24, 1832, below, this part, doc. 69. 

2 The British Charge's protest and the acknowledgment of it by the Argentine Foreign 
Office follow: 

BUENOS AIRES, November 19, 1829. 

The undersigned has the honour to inform H. E. the Minister of Foreign Affairs that 
he has communicated to his Court the official Document published by the Government 
of Buenos-Ayres on the loth of June last, containing certain provisions for the Govern- 
ment of the Falkland Islands 

The Undersigned has received the orders of this Court to represent to H. E. the 
Minister that the Argentine Republick in issuing this Decree have assumed an authority 
incompatible with His Brittanick Majesty's Rights of Sovereignty over the Falkland 
Islands. 

These rights founded upon the original discovery and subsequent occupation of the 
said Islands, acquired an additional sanction from the restoration by His Catholick 
Majesty of the British Settlement in the year 1771, which in the proceeding year had 
been attacked and occupied by a Spanish force; and which act of yiolence had led to 
much angry discussion between the Government of the two Countries. 

The withdrawal of His Majesty's Forces from these Islands in the year 1774 cannot 
be considered as invalidating His Majesty's just Rights; that measure took place in 
pursuance of a system of retrenchment adopted at that time by His Brittanick Majesty's 
Government. But the marks and signals of possession and property were left upon the 
Islands: When the Governor took his departure, the British Flag remained flying, and 
all those formalities were observed which indicated the rights of ownership, as well as 
an intention to resume the occupation of the territory at a more convenient season. 

The undersigned therefore in execution of the Instructions of his Court, formally 
protests in the name of His Brittanick Majesty against the pretensions set up by the 
Government of Buenos-Ayres in their decree of the ipth of June, and against all acts 
which have been or may hereafter be done, to the prejudice of the just rights of Sover- 
eignty which have heretofore been exercised by the Crown of Great-Britain. 

The undersigned &c. 

WOODBINE PARISH. 



HO PART II: COMMUNICATIONS FROM ARGENTINA 

containing certain provisions for the Government of the Falkland Islands 
incompatible with the just Rights of the Crown of Great Britain I hav< 
likewise the honour to communicate to you a copy of the letter from thi 
Secretary of State for Foreign Affairs of the United Provinces of Rio de 1; 
Plata duly acknowledging the receipt of that protest. 
I have the honor [etc.]. 



66 

Manuel Vicente de Maza, Acting Minister of Foreign Affairs of Argentina, i> 
Francis Baylies, United States Charge d' Affaires at Buenos Aires 1 

[TRANSLATION] 

BUENOS AIRES, July 10, 1832, 

When the Undersigned, Minister of Grace and Justice, charged with tb 
Department of Foreign Affaires, acknowledged the receipt 2 of the note o 
the Charge d'Affaires of the United States, dated 2oth June 3 ultimo, b 
stated at the same time, that, as well with regard to the charges embracet 
therein against M f Luis Vernet, as to the other points to which it refers 
H. E. the Governor would decide in a just and legal manner. Consequently 
when His Honor (meaning the Charg d'Affaires) is answered, then tb 
declaration may take place which the Government should think it its duty t< 
make in support of its rights, without injury to those of any foreign, friendh 
or neutral nation, or any of their Subjects. 

In the meantime, the Undersigned hopes, that, whatever may be tb 
opinion of the Charg d'Affaires, concerning the conduct of M* Luis Verne 
at the Falkland Islands, as well as concerning the extent of the rights of tb 
Argentine Republic His Honor will be aware, that His Excel? the Governor 
cannot form his judgment about the nature of facts from bare assertions 
however respectable their Source ; and much, less will he esteem it prudent t< 

[TRANSLATION] 

DEPARTMENT OF FOREIGN AFFAIHS, 
BUENOS AIRES, November 23, 1829. 

The undersigned, Minister Secretary of Foreign Affairs, has received and laid befop 
His Excellency the communication which Mr Cnarg6 d'Affaires of H. B. M. Woodbin 
Parish Esq. has been pleased to direct to him, under date of the ipth instant, protestin] 
against the decree issued on the 10th of June of the present year, naming a Political 
Military Governor for the Falkland-Islands. 

The Government is going to take into particular consideration the note of Mr Parish 
and it will be satisfactory to the undersigned to communicate to him its resolution si 
soon as he has received orders so to do. 

The Undersigned has the honor &c 

TOMAS GUIDO. 

1 Despatches, Argentine Republic, vol. 4, enclosed with Baylies to the Secretary of State 
No. 3, July 24, 1832, below, this part, doc. 70. 

2 See above, this part, doc. 62. 3 See above, this part, doc. 60. 



DOCUMENT 67: JULY 10, 1832 III 

sunder questions that have immediate Connection, in order to anticipate an 
answer as appears to be desired by the Charge d 'Affaires in his note of the 
26th of the aforesaid month of June last. 1 

The Undersigned, acting as the faithful organ of the wishes of H. E. the 
Governor of this Province, cannot omit to inform the Charge d'Affaires of 
the United States, that, H. E. not being disposed to depart from, those prin- 
ciples of Strict justice which the patriotic Government and the enlightened 
people of the United States know how to appreciate, will proceed always 
with that prudence and circumspection which the best regulated duty 
prescribes so not to venture his judgment in any case. 

The Undersigned salutes the Charge d'Affaires of the United States with 
his highest attention. 



67 

Francis Baylies, United States Charge d'Affaires at Buenos Aires, to Manuel 
Vicente de Maza, Acting Minister of Foreign Affairs of Argentina 2 

[EXTRACTS] 

BUENOS AIRES, July 10, 1832. 

The undersigned Charg d'Affaires from the United States of America near 
this Government, has the honour to inform His Excellency the Minister of 
Grace and Justice charged provisionally with the Department of Foreign 
Affairs, that he has received no answer to the enquiry which he had the 
honour to submit to him in his communication of the 26th ultimo, 3 and 
which was of the following purport that His Government wished to know 
distinctly from this Government, whether it claimed on its part, any right or 
authority to detain or capture, or in any way to molest, interrupt or impede 
the vessels or the citizens of the United States of America, while engaged in 
fishing in the waters or on the shores of the Falkland Islands and the other 
places included in the decree of June roth 1829. 

It appeared to the undersigned that no deliberation was necessary to 
enable the Government of this Republic to answer this plain question, and 
therefore he expressed the hope that the reply might be speedy, but inasmuch 
as several days have elapsed since it was made, he must take it for granted 
that the enquiry was considered futile, by His Excellency, as the fact en- 
quired of was of common notoriety inasmuch as the rights claimed by the 
Argentine Republic had been asserted in the decree of June 10-1829, and in 
the correspondence between Don Thomas Manuel de Anchorena formerly 
Minister of Foreign Affairs and George W Slacum Esq. Consul of the United 

1 See above, this part, doc. 63. 

z Despatches, Argentine Republic, vol. 4, enclosed with Baylies to the Secretary ot 
State, No. 3, July 24, 1832, below, this part, doc. 69. 
3 See above, this part, doc. 63. 



112 PART II : COMMUNICA 

States; that Minister having in hi* 
December 3, 1831 l denied the right 
question, while he asserted the ngh 
questionable/' and also having in 
quently made (viz. on the 9th day 
wish of his Government that the Con 
protest which he had made agains 
possession of this Government, and ^ 
nobody has questioned/' and inasr 
Delegate Government on the I4th oi 
claimed as a "colony" of this provin< 
Delegate Government to the Prov 
Political and Military Governor of 1 
as this Government now detains th 
by virtue of this assumed power. 

The decree of June 10 1829 the 
the Circular to the Provinces & the p 
never been communicated officially ' 
Representatives here and although 
this Government, by their Minister 
with Mr Slacum the American Con 
that gentleman was positively denie< 
from his office by this Government 
spondence is not perhaps to be consi 
direct assertions of this right madi 
American Government here 

Therefore the undersigned felt soi 

r1aitn ft-r\m o TV/Tin ic'frfar- r\f -f-1-iic (~^-f\\Tf^r 



DOCUMENT 67: JULY IO, 1 8, 

the Atlantic Ocean, by virtue of having succeeded 
Spain over these regions. 

As these sovereign rights thus claimed are al 

Spain, the first enquiry naturally divides itself ir 

1st. Had Spain any sovereign rights over the al 

2d. Did the Argentine Republic succeed to thos 

If it can be shewn that Spain had no such rights t 

unless the Argentine Republic should abandon a 

claim an absolute vested sovereignty, original in ii 

If it be shewn affirmatively that Spain had such 

clearly shewn that the Argentine Republic succee< 

can be shewn, then it must also be shewn that th 

authority to capture and detain American vesse 

engaged in the fisheries at those places without 

Government or its Representative here, officially, 

such claims. 

It must be premised that the United States of Ai 
jurisdiction or exclusive privileges over the waters < 
-they only claim such privileges as they have been 
common with other maritime nations. Civilized na 
countries uninhabited or inhabited only by savage a 

1. By prior discovery. 

2. By taking formal possession of such countries 

3. By prior occupation. 

It has sometimes been contended that the first 
before seen by civilized and Christian people, gav 
subjects such discovery was made a preferable til 



!I4 PART II : COMMUNICATION 

Some nations have admitted rights 
countries, and have claimed subsequent! 
a pre-emptive right that is the right 
voluntary agreement, to the exclusion o 

Other nations have denied the exister 
amongst uncivilized tribes. 

On this point no question can arise \ 
habited. 

In the discussion which took place in 
to the proceedings of the Spaniards ai 
justly ranked amongst the most illustrio 
discovery furnished any ground of title 
title to Nootka on occupation alone. 

Prior occupation according to the n 
modern times is certainly the least impe; 
or inhabited only by savages. 

The title founded on occupation ma] 
collateral circumstances of prior dison 
possession especially where there has 
taneous by two nations. A mere tempc 
tion of remaining, neither gives title, no 
title: there is scarcely a desolate island 
its temporary occupants; -but the occt 
strong presumptive evidence of an inter 
intention can hardly be controverted if 
suance of the orders of the constituted a 
possession be taken by a military force. 



DOCUMENT 67: JULY IO, I 

strait which he traversed, but he has fixed it etern 
of the Southern-hemisphere. 

In 1527 Groaca de Loaisa a Knight of Malta in i 
took with a squadron of seven ships to follow tl 
actually passed the straits, but all his vessels were 
with the remnant of his followers, perished in the 

Sebastian Cabot and Americus Vesputius name 
tory made abortive attempts to pursue the sa 
Alcasara also, whose crew having mutinied befc 
compelled him to return. But the failure of C 
venerated by North and South America, can scare 
as it enabled him to complete the discovery of the 
la Plata, and to explore in several directions those 
through regions of matchless beauty and fertility 

These repeated failures disheartened the Span 
all attempts at discovery in this quarter for man 

On the 20th of August 1578 Sir Francis Drake a 
naval commander who circumnavigated the woi 
Magellan and named an Island which he disco 1 
honour of his Queen. After leaving the straits 
succession of storms as far as latitude 55, where 
Islands, anchored, and spent some days on shore. 
was assailed by another violent storm and was < 
beyond the 57th degree " where (says the writer of 
extremities of the American coast, and the confl 
Southern oceans/' This was on the 28th of Octc 

From these notices it would appear that the nc 



Il6 PART II : COMMUNICATIONS F 

their territories or occupied them in any v 
those inhabited, have always remained with 
and without having been required to yiel< 
allegiance to any sovereign or nation whate 

Although it is highly probable that Sir '. 
discoverer of Cape Horn and the Island of 
yet that discovery has generally been assign 
man in the service of the States of Holland, 
which Drake had discovered before, perhai 
(now corrupted to Horn) attached to the Caj 
name in Holland. Le Maire was the fir 
finding a passage into the Pacific Ocean rour 
ica, thereby enabling navigators to avoid the 
through the strait of Magellan, has almost ri 
the Cape of Storms into the Cape of Good l 
to those magnificent Oriental regions which i 
their riches into the lap of Europe. It is imi 
resulting from original discovery whether thi 
is a part, was first seen by Sir Francis Dral< 
Maire the Dutchman the honour of the d 
Spain : the discovery was followed neither t 
the natives still retain undisputed dominio 
beaten region. 

To the strait between Tierra del Fuego 
attached his name but Staten-land still dej 
only to remind us of the ancient enterprise < 

T-f- Tioo V\enan a ooCk-H-orl nri-f-T-i r-r\-n-fir\*'r\r*a, -f-Vio-t- 



DOCUMENT 67: JULY IO, 1832 

25m. South, and longitude west from the Lizard in ] 
57. d. 28 m.". " These Islands of Sibbel de Wards 
Dutch." In the map prefixed to this edition of hi 
which from their position must be the Falkland's are c 

The name of Falkland it is said was first bestowed 
English navigator Captain Strong in 1689. This i 
adopted by all the English geographers and men of s 
Dr. Halley. The journal of Strong yet exists un 
Museum. 

Between the years 1700 and 1708 many French shi] 
into the South Seas, by some of them these Islands v 
French name of Malouines was attached to them wh 
have adopted. The French claimed the honou 
original discovery but Frezier a French author wh 
to the South-Sea was published at Paris in 1716 adr 
sans doute les memes que celles que le Chevalier Richa 
J5PJ," and his admission has been adopted by MalL 
the inimitable Geographer of modern times. 

There is not on the part of Spain the slightest p 
the original discovery of these Islands. Spain inc 
have made it but has adopted even the French na 

In the year 1764 a squadron was ordered to the Sc 
Great-Britain George III, which squadron was place* 
Commodore the Honourable John Byron, an illusti 
annals of Great-Britain what follows is extracte< 
dated June 17 1704 "and whereas His Majesty's isla 

j~*-nA TCTolIrl <-- /-I Tolonrlo T trtnor vxri+liin +ViA ccjirl 



H8 PART II: COMMUNICATIC 

On the 8th of January 1766 Captai 
with a military force erected a block-h 
traces of former habitations, cultivati< 
English made some attempts to cultiva 
several thousand young trees with the 
ported from Port Famine-Bay in one 
squadron for the purpose of being rese 

All this was done by the command o: 
all consequent rights the occupation w 

It is true that it is said that some F 
tablishment on one of the Falkland Is 
consequence of a remonstrance made b 
his right to those Islands to his Cathol 
by Spain was correct that France had i 
was a nullity, and it is a fact that Sp 
prior rights alone in her subsequent cc 

On the loth of June 1770 a large J 
Admiral Madariaga dispossessed the E 
Egmont by force. The expedition by 
motion by Bucarelli the Vice- Roy of I 

At the time of this forcible disposs 
certainly placed on very strong founc 
formal possession, and actual occupati< 
nal rights to be extinguished. 

The act of dispossession was disavow 
by solemn convention: She how< 
reservation was a nullity, inasmuch 



DOCUMENT 67: JULY IO, 1832 

founded nullum tempus occurrit regi and that she pe 
evident from the following Protest communicated to 
cially by His Excellency Henry S. Fox now His Brittaa 
ter Plenipotentiary and Envoy Extraordinary near t 
which is in the following words. 1 . . . 

Although his Excellency Don Thomas Manuel de 
Minister of Foreign Affairs has asserted in his commun 
can Consul of date December 9th 1831 2 that until th< 
tioned the rights of this Government yet the Minist 
must certainly have overlooked the protest above-recite 
has in his hands a copy of the official acknowledgemem 
Excellency Don Tomas Guido formerly Minister of Fc 
copy has also been communicated to him officially ty 
British Envoy. 

After a dispassionate view of these historical facts, 
that Spain whose claim of title is restricted to the p 
northern coast of Tierra del Fuego a discovery me 
hundred years ago, followed neither by the formal act o 
occupation who has always left that region of desolati 
the possession of its miserable aboriginals, could ha 
justification for attempting to exclude the citizens of 
America from the rights of free fishery in all these Is 
did not attempt it and although she has captured h 
Vessels and an amount of property for which she afterw; 
United States by paying to their citizens the sum of Frv 
dollars, it is not now reccollected that a single whale i 
was amongst those captures. 



120 PART II : COMMUNICATI 

respective subjects of the two p 
settlements in any part of these 
coasts and of the Islands adjacent 
it being well understood that the : 
shall have the power to land on t 
the purpose of fishing, and to bui 
that may serve solely for these ot 

The undersigned presumes that it v 
ments then existed at any of the plaa 
of June 1829; and by this article Spa 
themselves from forming any settleme: 

Can it be supposed that Spain a m 
eignty, and peculiarly sensitive on the s 
ions, would have virtually abandoned 
regions if she supposed her title to be 
There can be no dispute as to the real o 
an open fishery in these regions. 

But if it be hypothetically admitted 
ereignty was possessed by Spain, has i 
by any acknowledgement whatever yi 
sessed? Has Spain, as yet, relinquishe 
ment any part of her claim to supreme 
rights of Spain are dormant they are 
little doubt of her ability to maintair 
Falkland Islands; for although some o 
from her crown, she is now a great an 
pacities be developed by free and libers 
much of her 



DOCUMENT 67: JULY IO, 1832 

^d the Indies, or as King of Buenos- Ayres or the Rio de la Plata 
^t the proceedings of May 1810 always viewed by the King as re 
^ his estimation was not this effort for liberty an insurrectional 
ant, and did he not attempt to restore the ancient dominion of Sj 
!_e entire Vice-Royalty? 

Is it not a truth that Paraguay one of the provinces of the ancii 
pyalty has ever refused to be united to Buenos Ayres, and has al 
^.ined a separate and independent Government? 
The ancient Vice-Royalty of the Rio de la Plata is now divided 
distinct nations having no dependency on each other exer 
powers of sovereignty within their own limits uncontrolled < 
to the Argentine Republic or the Province of Buenos Ayres 
foreign and independent as is the Republic of the United i 
^nerica. The undersigned therefore asserts that the Republic o 
--the Province of Paraguay and the Oriental Republic of the Urugi 
..only styled the Banda-Oriental all included formerly in the Vice- 
': the Rio de la Plata have no political dependent connection 
rgentine Republic or the Province of Buenos Ayres If then 
-eign rights of Spain to these southern Islands descended to the 
ice-Royalty of the Rio de la Plata by virtue of the revolution an 
ice-Royalty is now divided into several sovereignties independem 
;her to which one of these several sovereignties shall these righ 
gned? Where are the title deeds of the Argentine Republic? "W 
ie releases of the other nations of the Vice-Royalty to that Repul 

But again if it be admitted hypothetically that the Argentine ] 
.d. succeed to the entire rights of Spain over these regions, and that i 



122 PART II : COMMUNICATIONS FROM ARGENTINA 

trance to which cannot be defended and this is the doctrine of Vattel ch. 23 
291 who expressly cites the Strait of Magellan as an instance for the ap- 
plication of the rule. 

As to the use of the shores for purposes necessary to the fishery. That 
depends on other principles. When the right of exclusive dominion is un- 
disputed the sovereign may with propriety, forbid the use of them to any 
foreign nation provided such use interferes with any that his subjects may 
make of them; but where the shore is unsettled and deserted, and the use of 
it, of course, interferes with no right of the subjects of the Power to which it 
belongs, then it would be an infringement of the right to the common use of 
the shores as well as of the ocean itself which all nations enjoy by the laws of 
nature, and which is restricted only by the paramount right which the Sov- 
ereign of the soil has to its exclusive use when the convenience or interest of 
his subjects require it or when he wishes to apply it to public purposes. It is 
true that he is the judge of this interest and of the necessity of using it for his 
public purposes but justice requires that where no such pretension can be 
made, the shores as well as the body of the ocean ought to be left common to all. 

These principles seem to have dictated the articles in the Treaties between 
the United States and Great Britain. The third article of the Treaty of 
Peace of 1782, declares that the people of the United-States shall continue to 
enjoy unmolested, the right to take fish on the Grand-Banks &c and to dry 
and cure these fish in any of the unsettled bays, harbours and creeks of Nova 
Scotia, Magdalen Islands and Labrador so long as the same shall remain 
unsettled; but that, when settlements are made there, they cannot enjoy the 
right without a previous agreement with the inhabitants or possessors of the 
soil. 

His Excellency will perceive from the terms of this treaty that no rights 
of public sovereignty are claimed against the United States, but that the 
private rights of those who have settled and cultivated lands on the margin 
of the ocean are protected in such way as to secure their individual improve- 
ments from injury. 

In the Treaty of Utrecht, too, France is allowed the use of the unsettled 
shores for the purpose of drying fish by certain metes & bounds. 

The Treaty concluded between Great Britain and Spain in 1790 already 
alluded to, is to be viewed in reference to this subject, because both nations 
by restricting themselves from forming settlements evidently intended that 
the fishery should be left open both in the waters and on the shores of these 
Islands, and perfectly free, so that no individual claim for damage for the 
use of the shores should ever arise; that case however could scarcely occur for 
whales are invariably taken at sea, and generally without the marine league, 
and seals on rocks and sandy beaches incapable of cultivation. The stipula- 
tion in the Treaty of 1790 is clearly founded on the right to use the unsettled 
shores, for the purpose of fishery and to secure its continuance. 



DOCUMENT 67: JULY IO, 1832 



123 



When the unsettled shore although under the nominal sovereignty of a 
civilized nation, is in fact possessed by independent uncivilized tribes, the 
right to exclude other nations from the use of the shores is on a much less 
stable footing. This is the case with all the continent of South America to 
its extremity, from the Rio Negro in Lat. 41. and also with Tierra del Fuego 
and some of the adjacents Islands. On the Pacific side the Araucaneans: 
and on the Atlantic the Puelches Patagonians and other tribes are per- 
fectly independent. To the common use of these shores therefore there can 
be no reasonable objection. 

The following conclusions from the premises laid down, are inevitable. 

1 That the right of the United States to the Ocean fishery and in the 
bays, arms of the sea gulphs and other inlets incapable of being fortified is 
perfect and entire. 

2 That the right on the ocean within a marine league of the shore where 
the approach cannot be injurious to the sovereign of the country, as it cannot 
be on uninhabited regions, or such as are occupied altogether by savages is 
equally perfect. 

3 That the shores of such regions can be used as freely as the waters : a 
right arising from the same principle. 

4 That a constant and uninterrupted use of the shores for the purposes 
of a fishery would give the right perfect and entire, although settlements on 
such shores should be subsequently formed or established. 

That the citizens of the United-States have enjoyed the rights of free 
fishery in these regions unmolested is a fact which cannot be controverted. 
While they were yet subjects of Great-Britain it was of such notoriety that 
it attracted the attention of an illustrious British Statesman and orator 
whose splendid panegyric in the House of Commons upon the maratime 
enterprise of the New-Englanders will never be forgotten. "Pass by the 
other parts (said the Orator) and look at the manner in which the people of 
New England have of late carried on the whale fishery. While we follow 
them among the tumbling mountains of ice, and behold them, penetrating 
into the deepest frozen recesses of Hudson's-Bay and Davis's straits, whilst 
we are looking for them beneath the Arctic circle, we hear that they have 
pierced into the opposite region of polar cold, that they are at the Anti- 
podes and engaged under the Frozen Serpent of the South. Falkland 
Islands which seemed too remote and romantic an object for the grasp of 
national ambition, is but a stage and resting place in the progress of their 
victorious industry" &c. 

It is of equal notoriety that from the period of the acknowledgement of 
their independence by Great Britain they have been in the unmolested enjoy- 
ment of the whale and seal fishery in and about these Islands: that these 
fisheries, with the full knowledge of Spain, have been prosecuted by them to 
an extent far exceeding the fisheries of any and all other nations: if long and 



124 PART II: COMMUNICATIONS FROM ARGENTINA 

uninterrupted use and possession can impart any right to fisheries o 
above description the title of the United-States is unimpeachable. 
Vattel Book I ch XXIII 287 although he admits the right of nations ov 
the coasts to appropriate to themselves certain fisheries on their coa 
expressly excludes them under certain circumstances - "But if (says 
writer) so far from taking possession of it, the nation has once acknowle 
the common right of other nations to come and fish there, it can no Ic 
exclude them from it; it has left that fishery in its primitive freedom, at 
with respect to those who have been accustomed to take advantage 
The English not having originally taken exclusive possession of the he 
fishery on their coasts, it has become common to them with other nation; 
The acknowledgement spoken of may be express or implied : a long conti 
use without interruption is a virtual acknowledgement of the right to 
and in the instance cited (the herring fishery on the English coas 
there has been no formal acknowledgement on the part of England that < 
nations have a right to use that fishery: from the acquiescence of Englan 
acknowledgement is inferred. 

Again if it be admitted hypothetically that the rights of sove 
jurisdiction were vested in the Argentine Republic by virtue of the Re' 
tion of May 1810, and that the right to exclude all nations from the fisli 
of the Falkland's and other Islands mentioned in the decree of June 10 
was undoubtedly consequent to sovereign jurisdiction thus acquired- 
some preliminary acts remained to be performed, before the capture 
detention of the persons or property of the citizens of the United Stat 
America engaged in the fisheries, can be justified. 

If regions never occupied or brought under any positive jurisdicti 
without garrisons or naval forces or inhabitants, are to be occupied 
brought under civil or military rule and those who have enjoyed the 
ilege of a free fishery there, are to be excluded from that privilege, it i 
cumbent on the nation assuming such powers, to give official notice t< 
resident representatives or to the Governments of all nations with \v 
relations of amity are maintained before any acts of violence in asserti< 
such sovereign rights can be justified. A warning to individuals is 
enough, for that is not a general notice, and individuals not warned 
incur forfeitures and penalties without any knowledge of their liabilities; 
their Governments equally ignorant, could take no preventive measure 
their security. 

In the archives of the American legation here and of the Departme: 
State at Washington, there is not the slightest trace of any official noti 
the decree of June 10 1829. 

The undersigned takes the liberty to say that on the principles of com 



DOCUMENT 67: JULY IO, 1832 



125 



ought not to be denied or withdrawn without notice: and surely no penalty 
can be enforced with justice in such cases unless the system of ex post facto 
laws and decrees is to be revived in an age which boasts of its enlightened 
liberality and justice therefore even on the supposition that the rights of 
the Argentine Republic are indisputable yet the seizure of American ves- 
sels is a just cause of complaint, and the Government of the United States 
have a right to demand restoration and indemnity. 

These remarks touching the original rights of Spain and the derivative 
rights of the Argentine Republic: the rights of free fishery and the propriety 
of notice when dormant and unclaimed rights are asserted and resumed, are 
offered for the consideration of His Excellency. 

The undersigned is well aware that the pending question involves impor- 
tant principles, and although he may be satisfied as to the extent and charac- 
ter of the rights of the United-States and the Argentine Republic, yet he 
freely admits that every nation must decide for herself on all questions touch- 
ing her dignity and her sovereignty. 

If the Argentine Republic can shew conclusively that Spain was possessed 
of rights over the Falkland Islands, Tierra del Fuego, Cape Horn and the 
Islands adjacent in the Atlantic Ocean of such a high and sovereign charac- 
ter as to justify the exclusion of the citizens of the United States of America 
from the fisheries there If this Republic can shew "that Spain has relin- 
quished, renounced or in any way lost her sovereign rights to the regions 
abovementioned, and that such sovereignty has become absolutely vested in 
herself and if she can further shew that having acquired such rights and 
being about to exercise them by inflicting penalties and forfeitures upon the 
persons and property of the citizens of a friendly nation for exercising privi- 
leges which they had been long accustomed to use, she is justified in with- 
holding all official notice of the acquisition of such rights, and of her intention 
so to exercise them, from the Government or the resident Representative of 
such nation Then, although the American Government might have some 
reason to complain of unceremonious and unfriendly treatment there 
might, perhaps, have been no cause of complaint on the ground of a violation 
of positive rights. 

The questions in controversy between the two Republics involve principles 
which in their applicability to the national rights of the United States extend 
far beyond these regions, and affect in a most serious manner their most 
important and vital interests. 

It is the cause of deep regret to the people of those States, that circum- 
stances should have compelled them to contend for these principles with a 
people for whom they have ever cherished the most amicable sentiments 
whose independence was recognised by them at an early period of their 
national existence and the undersigned takes the liberty to say that this 
recognition was not occasioned by any anticipations of the advantages of a 



126 PART II: COMMUNICATIONS FROM ARGENTINA 

free commercial intercourse but from sympathies excited to enthusiasm 
a gallant people who had won their freedom by their prowess and vale 
'Ere that recognition had passed through the forms of legislation it was a 
in the hearts of the American people. 

The undersigned takes this occasion to inform His Excellency that h 
instructed to say "that the President of the United-States is fully sens: 
of the difficult situation in which the internal troubles of this Republic h 
placed its Government, and that he does not attribute to any unfrien 
disposition, acts, that in ordinary times might wear such an aspect 
he expects from the similarity of the Republican forms of the Governme 
of both nations and from a reccollection of the early recognition of the 
dependence of this Republic by the Government of the United States, { 
their uniformly amicable disposition since, that on consideration of tl 
complaints full justice will be done to the citizens of the United States, < 
that measures will be taken to meet the disposition he feels for a strict cc 
mercial union on principles of perfect reciprocity." 

If the preliminary difficulties can be removed the undersigned has 
pleasure to inform His Excellency that he is invested with full powers to c 
elude a Commercial Treaty with this Republic on fair and reciprocal ten 

The undersigned takes this occasion to present to His Excellency 
assurance of his high respect and consideration 



68 

Francis Baylies, United States Charge d' Affaires at Buenos Aires, to Man 
Vicente de Maza, Acting Minister of Foreign Affairs of Argentina 1 

BUENOS AIRES, July n, 1832 

The undersigned Charge d'Affaires from the United States of Amer 
near the Government of Buenos-Ayres, has the honour to acknowledge 
receipt of the communication from his Excellency the Minister of Grace 
Justice charged provisionally with the Department of Foreign Affairs 
yesterday's date. 2 

Although under no obligation of courtesy so to do, yet before the 
ception of the last communication from His Excellency the Undersigi 
had prepared another communication for his consideration, and had ent 
tained the hope that its contents when well considered, might lead to 
adjustment of an unpleasant controversy on terms equally honourable to 
Argentine Republic and the United States of America. 

As the object of the Undersigned is to make known with perfect f rankn 

1 Despatches, Argentine Republic, vol. 4, enclosed with Baylies to the Secretary 
State, No. 3, July 24, 1832, below, this part, doc. 69. 

2 See above, this part, doc. 66. 



DOCUMENT 69: JULY 24, 1832 



127 



"the views of his own Government and as he hopes to be met with a cor- 
responding spirit by this Government although the enquiry which he had 
"the honour to make in his communication of the 26th ultimo l is not answered 

yet, he now transmits the communication 2 which he had determined to 

place in His Excellency's hands yesterday and he takes the liberty to ex- 
press the wish that the final determination of the Government of the Argen- 
tine Republic may be communicated to him as speedily as the convenience 
of His Excellency will permit. 

The undersigned prays His Excellency to accept the assurance of his high 
respect and consideration. 



69 

Francis Baylies, United States Charge d' Affaires at Buenos Aires, to Edward 
Livingston, Secretary of State of the United States 3 

[EXTRACT] 
No. 3 BUENOS AIRES, July 24, 1832. 

The new French Charge 1 d' Affaires M. Le Foret arrived here on the loth 
of July. The Government refused to receive or to accredit him, on the 
ground that he had interfered improperly in the internal affairs of Chili while 
resident there. M. Le Foret immediately reembarked, and sailed for France 
by way of Rio de Janeiro. 

You will have learned that a Revolution has happened at Montevideo. 
The late officers of the Government there, were expelled from the City by a 
Military force under Col. Garzon. The late President Rivera is in the Coun- 
try and threatens resistance and has actually gathered followers. Brazil 
and Buenos-Ayres may eventually interfere, and if they do, it would be well 
to strengthen the naval squadron of the United States on the Brazilian 
Station. 

After having signified my desire at my first interview with the Provisional 
Minister of Foreign Affairs to be presented to the Governor of this Republic, 
I received his invitation on the loth inst. proposing the I2th for an inter- 
view, and I then had the honour to be presented to His Excellency Don Juan 
Manuel de Rosas the Governor. I was received with much civility, and 
His Excellency was pleased to express his regard for the United States in 
flattering terms. 

You will perceive that no answer has as yet been made to the direct 
enquiry in my communication of June 26th 4 the enquiry is evaded and 
the intention of a design to place the United-States and Louis Vernet in the 
attitude of litigating parties before the Government of this Republic, as 



1 See above, this part, doc. 63. 

2 See above, this part, doc. 67. 



8 Despatches, Argentine Republic, vol. 4. 
4 See above, this part, doc. 63. 



128 PART II: COMMUNICATIONS FROM ARGENTINA 

Umpires is apparent. The Government evidently seek to avoid the 
direct issue between the two nations. 

I have no hope of bringing the questions in dispute to a favourable issue. 
So much evasion has already been manifested, and such a disposition to pro- 
crastinate and to avoid direct answers to plain questions, that in my opinion 
the clearest exposition of national rights, and the strongest appeals to their 
sense of justice will be unheeded and disregarded by this Government, and 
while they indirectly sanction all the atrocities of Vernet, they have not 
the hardihood to sustain him by direct support or open avowals. 

Their object at present is delay and they entertain a notion that the 
character of the Government and people of the United States is so eminently 
pacific, that they will submit to be trifled with, and will bear every thing but 
direct insults, to preserve peace. 

If no definite answer is given to my plain and direct enquiry in a reasonable 
time, I shall demand my passports because if the present system of evasion 
is continued, I shall consider it full evidence of an intention to make nc 
stipulation for redress and reparation, and no disavowal of their pretensions 
to the right of excluding the citizens of the United States from the free use oi 
the fisheries in these seas. 

I trust that this course will be considered as conformable to the spirit 
of my instructions, and due to the dignity of the United States. 

I have the honour [etc.]. 



70 

Francis Baylies, United States Charge d* Affaires at Buenos Aires, to Edwaro 
Livingston, Secretary of State of the United States x 

Private & confidential. BUENOS AIRES, July 24, 1832. 

MY DEAR SIR: In my official letter of this date 2 I have expressed an 
opinion that my negotiations here would not be brought to a successful issue 
I think it expedient to explain to you in a private letter the reasons or 
which this opinion is grounded and I am desirous also of laying before yoi 
the views which I have taken of the present state and future prospects of this 
Country which can be done with more freedom in a private, than in an officia 
communication . 

The capacities of the whole region which is watered by the Rio de la Plata 

1 Despatches, Argentine Republic, vol. 4. Portions of this document deal in minutt 
detail with internal affairs having only a remote bearing on the diplomatic situation; bui 
they are retained because of that bearing and of their intrinsic interest. Its confidentia 
character explains, and may be considered to have excused, the very caustic character of som< 
portions of it. In keeping with the principle that pertinent statements should not be ex 
eluded because of their confidential or uncomplimentary character, even though their accu 
racy may be seriously questioned, they are included. See pertinent comments in the prefaci 
of this volume. 

2 See above, this part, doc. 69. 



the Uruguay, the Parana, the Paraguay and their several branches are 
immense, and could this region be firmly united under one Government it 
would unquestionably in time become the dwelling place of a powerful 
nation, for there are exactly those wants and those capacities for supply exist- 
ing in the different parts which would necessarily create a constant commer- 
cial interchange, and consequently there would be employment and en- 
couragement for the industrious, and there is nothing in the climate which 
would cause an indisposition to labour besides these regions abound in 
articles which are sought in foreign commerce and the people might carry on a 
large trade with foreign countries but these advantages are all nullified by 
the strong tendency to disunion which prevails every where, and there is not 
the least probability of any future junction, as the ancient Vice- Royalty 
is now divided into four distinct sovereignties, jealous of each other, and 
avoiding with great caution all close union. 

The political connections of the Republic of Bolivia were much closer 
with the late Republic of Colombia and the Republic of Peru than with 
Buenos-Ayres, and the two first excercised a far more efficient influence there, 
than the last in fact there is but little intercourse of any kind with Bolivia. 
Dr. Francia the Dictator of Paraguay has sealed that Province hermeti- 
cally, excluding all ingress and egress. Towards Buenos Ayres he entertains 
a particular jealousy and forbids all communication. As long as he lives, no 
union can be formed between Paraguay and Buenos Ayres. Francia is a man 
of much genius and great eccentricity hates all foreigners excepting French- 
men and Brazilians His eccentricity borders on insanity but minds 
of that cast if they do not actually run into insanity, are capable of the most 
energetic exertion: although very old, so abstemious are his habits that 
his health is sound and vigorous & he may live many years. Even his 
death would not occassion any alteration in the policy of Paraguay the 
people there are satisfied with their own situation and dread all foreign 
connection. It would be difficult to conquer them, although of a mixed 
breed, in which the Indian predominates over the Spaniard to such a degree 
that the spoken language is Guarany and not Spanish yet they are in all 
high qualities superior to the pure Spaniards bold labourious and sober and 
they excel them as much in physical qualities being much taller and stouter. 
The ancient Jesuits deserve some credit for their fair-dealing with these 
people (at least). Francia has succeeded by fashioning his policy on the 
model of the Jesuits. 

On the opposite side and between the la Plata and Brazil is the Oriental 
Republic of the Uruguay commonly styled the Banda Oriental of which 
Montevideo is the capital. This country although its soil is excellent the 
climate delightful & capable from natural advantages & extent of support- 
ing a numerous population has scarcely 50.000. even including the city. 
The Argentine Republic as it is called consists of several provinces which 



I30 PART II : COMMUNICATIONS FROM ARGENTINA 

are in fact distinct sovereignties. These provinces once delegated to Bu< 
Ayres the power to act for them in all transactions with foreign nations- 
otherwise they are perfectly independent bound by no alliances and witl 
any political dependency whatever only that three out of the fifteen (f 
believe that is the whole number) Buenos-Ayres, Corrientes and St Fe, Y 
a treaty or rather an agreement of alliance offensive and defensive, and i 
is the only political connection between them. 

In these interior provinces the faith of Treaties is not regarded at a 
Dr Gordon a British subject who resided in one of them was suddenly cs 
on for an outright contribution of Si 100. In vain he appealed to the Tr< 
in which provision was made against such exactions: he was told in rol 
s tyl e y 0ur money or your life the money was paid, and as yet no red 
has been made. 

Buenos-Ayres is the most powerful of the Provinces which consti 
the Argentine Republic as it is called. The City contains a populatio: 
70 ooo the country perhaps as much more: the greater part of the coui 
population denominated by a local term Gauchos consists of Indians. 

The City being a place of trade the habits of the people are commei 
and of course they have reached a stage of society the most artificial 
civilized : They do not however possess that enterprise and high pu 
spirit which distinguish the commercial cities of the United-States. 

From the suburbs of the City to the Andes over the vast plains ca 
Pampas roam the Gauchos who strictly speaking are in the incipient stag 
civilization a pastoral people watching the immense herds of cattle ho 
and sheep which feed on these plains untaught either in letters, manr. 
religion or morals: always mounted they never quit the back of the h< 
except to throw themselves on a hide to sleep : they hear mass and hold t 
convivial meetings on horseback In some respects they are the n 
efficient Cavalry in the world dismount them they are nothing, for they 
scarcely able to walk: constantly engaged in ham-stringing and slaugh 
ing cattle they have engrafted the ferocity of the butcher on the simple ha 
of the shepard and are both ignorant and cruel. 

A nation in this situation with a population nearly divided between 
classes with usages, habits and moral discipline so totally unlike will ah\ 
be liable to feuds and civil dissentions, and the power of the governrr 
will be wielded by such as can unite the greatest and most efficient mas 
physical force and the Gauchos can give the preponderance to ei 
contending party in the city for they can always be united under a favou 
leader or Chief, while the city containing many who aspire to be leaders 
inevitably be divided into parties and factions. 

This statement is necessary to furnish the clue through that labar> 
of politics and parties which this country has brought forth. 

The present parties are designated by names familiar in our Country 



DOCUMENT 7O: JULY 24, 1832 13! 

who act on principles very different from those who are called Federalists 
and Unitarians in the United States. 

The Unitarians predominated many years: it was their object to create 
a strong Central Government and a close union or rather a consolidation of 
the Provinces on a plan not very dissimilar to that which it was said, was 
proposed by Gen. Hamilton in the Convention of the United States: The 
powers of this Central Government were to be so extended as not only to em- 
brace all such as are given by our constitution to the national government, 
but to include the appointment of the Executives of the Provinces and the 
whole power of the sword, restricting the Governmental functions of the 
Provinces within narrow limits, although Provincial legislatures were to be 
allowed for local and municipal purposes. 

Rivadavia the Chief of the Unitarian party possessed a bold original 
mind but was a Projector He formed schemes of improvement on a 
grand scale and would have effected in a year the work of half a century. He 
was determined to abolish what he called ancient abuses and his schemes 
involved the overthrow of the Priesthood but like most theoretic Statesmen 
he was regardless of the deep rooted prejudices and general temper of the 
people upon whom his schemes were to operate, and his open attacks on 
Sacerdotal power gave him for opponents a united and powerful body whose 
influence with the people he found he had greatly underated, and he also 
united against him many old and wealthy men who could not be swerved 
from habits which almost made a part of their natures: the Brazilian war 
came on the finances were deranged a paper currency increased the gen- 
eral distress and Rivadavia and his principal advisers were banished. He 
is now in France and he has left here many friends and secret well wishers. 
In truth I believe that a majority of the City population are Unitarians 
now. 

The party which succeeded to the political power took the name of Feder- 
alists: it is their policy to leave each Province to its independent action 
and to reduce the Federal Union far below the standard of the old American 
Confederation, in fact to separate the Provinces into distinct Sovereignties 
with Treaties of alliance offensive and defensive. Yet even this scheme 
has produced some discontent in the interior provinces for all the duties 
on foreign trade are received at Buenos- Ayres and the revenue has generally 
been applied to purposes within that Province, while the interior provinces 
have been thrown altogether upon their internal resources. It is only by 
occasional gratuities to the different Provincial Governors that even a slight 
connection is kept up. 

The first leader of this party was Dorego a military man and a member 
of the former Congress, but in December 1828 a military sedition broke out 
instigated by Lavalle a Colonel in the Army who seizing Dorego on the eve 
of a festival caused him to be shot . Lavalle had been a Unitarian and 



132 PART II : COMMUNICATIONS FROM ARGENTINA 

his predilections were supposed to be in favor of that party : he carried 
the government with a high hand exiled the two brothers Anchorenas i 
wealthiest men of the Province Balcarse now the Minister of War and JV 
rine and many other leading Federalists. 

These violent proceedings occasioned a civil war. 

The present Governor and Captain General of the Province Rosas, at t 
period, was in the Country where he has large possessions. This gentlem 
was in the prime of life and closely connected with the Anchorenas to wh< 
he had acted in the capacity of a steward or overseer and managed th 
extensive possessions in the country: his education had been very slig 
but he had certain qualities which gave him a commanding influence with 1 
Gauchos. He possessed much personal beauty having a large commai 
ing figure and a fine face and he was a Rubeo you must understand tl 
this term is applied to those with florid complexions and light eyes, indicat 
a descent from the pure Gothic race (the ancient Lords of Spain) withe 
any intermixture of Moorish or Jewish blood this race has always been h 
in much esteem by the common people both of Spain and South America, 
addition, he was inimitable in all Athletic exercises he could manag< 
horse and throw the lazo with as much dexterity as the most thorough-bj 
Gaucho. At his Estanda in the country he received all the disconten" 
who flocked to him from City and he soon gathered under his banners 
the Gauchos of the plains, and aided by the funds of the Anchorenas 
other wealthy Federalists, he was enabled to make strong head against 
power of Lavalle, and after much fluctuation of fortune, he, with his \\ 
followers approached the City. The citizens alarmed at the prospect of 
irruption of such an horde who threatened them with universal pillage 
slaughter were determined that a convention should be made and the c 
saved an arrangement was finally effected, and Lavalle and his princi 
friends were finally compelled to go into exile and they now reside in 
Banda-Oriental. 

Rosas is now the Chief of this Republic of Buenos Ayres, and by a dec 
of the Legislature is invested with dictatorial powers. He has no knowlei 
either of international or even municipal law and no acquaintance even \\ 
the common forms of public business. Reared amongst the cattle and 
Gauchos it is his influence over the latter and the patronage of the Anchor e 
which has elevated him to his high station. His disposition, in my opini 
is not bad, and his intentions are honest (but in this opinion I differ fr 
many intelligent Americans here) but the tremendous power with which h 
clothed would transform a patriot into a Tyrant and an angel into a deir 
He can shut up the Courts of Justice ; suspend criminal and civil processe 
imprison the people by his own authority and the press is already in fett 
No voice can issue from that mighty engine in free governments but the vi 
of adulation. Shortly before my arrival he caused sixteen persons to 



DOCUMENT 70: JULY 24, 1832 133 

shot in one day without even the form of a trial It is true that most of 
them were great criminals who deserved their fate & this butchery created 
but little sensation. 300 women were seized lately in the night and sent off 
to the frontiers without any notice or investigation of their offences. All 
the severe and oppressive practices of the Romish Church are in a course of 
restoration and perhaps the Inquisition itself. 

Such Sir is the happy condition of society in this Sister Republic of ours, 
whose free and liberal principles and hatred of despostism have so often been 
themes for the panegyrics of our mistaken, romantic and imaginative 
politicians. I think one week's residence here would cure them of this 
hallucination. 

The two Brothers Anchorenas have a commanding influence over the 
Governor. They are fac-similes of the old Spaniards proud, bigotted, 
narrow-minded and oppressive: hating all foreigners especially Protestants. 

The President of the Oriental Republic, lately displaced, although a 
Gaucho, (for he could not write his name until he was elected President) was 
friendly to the Unitarians of Buenos- Ayres, and his friendship for them 
was the cause of his overthrow which was occasioned through intrigues 
originating here. It is now supposed that this revolution will not be perma- 
nent unless strongly supported by Buenos-Ayres but unless this Colonel 
Garzon who has effected it, yields easily there will be much bloodshed. 
If Buenos-Ayres interferes, Brazil will do the same, and a new revolution 
then may be effected here. In any event the naval force on the Brazilian 
station ought to be enlarged and well commanded. 

It is not difficult to predict the ultimate fate of Buenos-Ayres Driven 
by the pressure of civil dissensions to the verge of ruin, she will in her despair 
offer the dominion of the country (of the city at least) to some foreign power 
able to protect the persons and property of her citizens, and Great-Britain 
will be that power. The influence of Great Britain with the ruling party is 
already powerful. Mr Parish the former Representative of Great-Britain 
was friendly to the Federal party and they consulted him much. The inter- 
course has not been so close with Mr Fox for he is a plain sagacious sensible 
man, despising all the arts of intrigue and despising the people so much 
that he will not even take the trouble to give to what is called public opinion, 
a direction yet the commercial policy of that nation will be carried out, 
and although Great Britain will take no violent measures to obtain a footing 
here, she will not reject the boom when thrown upon her. She will probably 
obtain from Brazil the Island of St Catherine's which will give her a strong 
station in the vicinity of the La-Plata and a strong influence at Montevideo 
and Buenos-Ayres The Cape of Good-Hope, New South Wales, Van Die- 
mens land, Swan River St Catherines perhaps the Falklands and this river 
will enable her to establish a naval dominion over these seas which may be 
followed by important consequences to the whole commercial world. If this 



j;^ PART II : COMMUNICATIONS FROM ARGENTINA 

should not be done Buenos Ayres and all the harbours in this region ' 
become piratical stations. 

This is speculative, but the vision may be realised before the United-Sta 
are aware, not perhaps by the present British Ministry whose views 
understood to be anti-colonial, on the ground that the British Coloi 
Empire to be too extended already. But any Ministry of a nation so th 
oughly commercial as Great Britain will be ultimately compelled to pursu 
policy so well adapted to secure ports and stations on such an extensive i 
important region of the ocean. When dominion is fairly offered she i 
not reject it. 

Although the decree conferring a Military and Political Government 
Vernet was obtained from Lavalle whose government the ruling party hi 
denominated a mutiny yet they have contemplated some benefits 
themselves by pursuing the same policy. 

A decree was obtained by Gen Mansilla the Brother in law of the Cover: 
Rosas, granting to him the exclusive fishery of the whole coast of Patago 
This grant of fishery was transferred to a young American, a native 
Massachusetts, of the name of Sutton who married a daughter of Mansi 
An armed vessel was contracted for, which was to be commanded by Suttc 
father, a seafaring old gentleman of a very questionable character, ab 
whose conduct the records of some of our Eastern Courts can tell sc 
strange tales, and who I understand has been an applicant for the Consul 
here. I understand the object of this enterprise was to capture all 
American Sealers and Whalers on this coast and elsewhere: the pror 
proceedings of Capt Duncan checked this promising undertaking, and 
decree granting Patagonia has been suspended it never has been rn 
public. 

You must understand that the object of those concerned in these en 
prises is not to fish these coasts themselves: they cannot do it, they < 
obtain no sailors who have any aptitude for such pursuits here. Indeed 
the United States they are nearly confined to New Bedford, Nantucl 
Stonington, Sag Harbour & New London their real object has been to c 
ture the American Vessels after their fares are completed and to secure 
plunder Vernet when he went to the Falklands had neither vessels 
boats, and it was only by robbing the Americans (who went on shore 
suspicious) of their boats, that he was enabled to commence (not fishing) 
piracies. If there were no American Vessels in these seas the people 
Buenos- Ayres would never have a vessel in the Patagonian or Magelen 
[Magellanic] Seas, for there is not ingenuity, hardihood, or courage enoi 
amongst the whole to catch a seal or a whale piracy is the object sc 
would call it plunder some free trade. The natives left to themsel 
would never have dreamed of such enterprises but there are vile < 
treacherous North-Americans here, full of schemes and malignant inventi 



DOCUMENT 70: JULY 24, 1832 



135 



who would deny their own country and trample on their own flag for 100 
paper dollars. 

The high ground assumed by this Government with respect to their rights 
and the violation of those rights by Duncan, has placed them in a dilemma : 
if they retreat they are disgraced, and it is said the Unitarians are urging 
them on indirectly by making loud vaunts of national honour and louder 
complaints of the violation of national rights and all this with a view to 
produce a rupture with the United-States and in that way to effect their 
overthrow: the government are fearful of backing out lest they should dis- 
grace themselves with the people and produce a reaction in popular feeling. 

Some flatter themselves with the notion (for the city is full of Privateers- 
men & Pirates) that in the event of war the commerce of America would 
give them rich spoils thinking that under commissions from Buenos-Ayres 
they may buy and fit out their vessels any where. If this dispute should 
terminate in war I hope the American Congress will have energy and wisdom 
enough to declare by acts the crews of all vessels not actually despatched 
originally from Buenos-Ayres Pirates. I am well persuaded that no Euro- 
pean Governments would reclaim any citizens of theirs found under such a 
flag. With this act, three sloops of war and three schooners the whole 
commerce of Buenos-Ayres may be annihilated for that force will actually 
blockade the river and prevent all access. 

It is, Sir, a truth and a melancholy one that the people of these regions 
have no idea of that feeling which we call, love of country the business 
of Government is a job and its offices are considered as a kind of employment 
to gain money a sort of a license to take bribes. There is neither consist- 
ency, stability or freedom in this Argentine Republic The revolutions of 
these people are seditious their knowledge chicanery and trick their 
patriotism bluster, their liberty a farce a well regulated tribe of Indians 
have better notions of national law popular rights and domestic policy. 

These opinions are not the result of prejudice they are entertained by 
Mr Fox by every intelligent Frenchman and even the Brazilian Charge 
denominates the members of the Government barbarians! 

The great object of this Government at present is delay not for the 
purpose of doing justice eventually with as little disgrace as possible, but 
merely to take advantage of circumstances. 

As to parties I think there is little difference the Unitarians are as 
little practiced in fair and manly dealing as their opponents, and have as 
indistinct a sense of right and wrong. If a revolution should again place 
them in power, they would be no more inclined to do justice than the Federal- 
ists it was from the Unitarian Lavalle that Vernet obtained the decree 
which has been the cause of so much mischief. 

It is now currently reported that a Minister is to be sent to the United- 
States the real object of this measure will be delay. Every trick and 



136 PART II: COMMUNICATIONS FROM ARGENTINA 

stratagem will be practiced, until the measure of forbearance is filled, a 
it is found that the United-States will be trifled with no longer then t 
Government may stipulate to make reparation, and commence anew a systf 
of equivocation and delay as to the amount of the damages. 

In pursuance of my Instructions I have informed this Government tha 
am invested with full powers to conclude a Commercial Treaty and I sh 
do so if I can, but I am inclined to the opinion that the advantages would 
theirs, the disadvantages ours, for we should abide by it, and they woi 
consider the violation of a treaty no greater offence than a lie told b> 
schoolboy. With the Bey of Tripoli or the Emperor of Morocco we mig 
for a time maintain unviolated the provisions of a Treaty but with th< 
people if a temporary advantage could be gained they would violate a trea 
on the day of its ratification. 

The best negotiator here would be a naval commander backed by his cz 
non, and the more expedient course for the Government to pursue, would 
to send out two of our most intelligent Commodores on the Brazilian a 
Pacific Stations, invested with general diplomatic powers and to place 
Rio de Janeiro, Buenos Ayres, Chili and Peru some bold, Sagacious, energet 
honest and patriotic men as Consuls, their joint efforts might keep th 
Countrymen from harm. 

You may rely upon it, that none of the South American Governmei 
have any idea of national justice, but they may have some of national foi 
when they see it. 

I have drawn a sombre picture but it is a true delineation. 

Be pleased to accept my best wishes for your health and prosperity a 
believe me to be [etc.]. 

P. S. It has been currently reported for a fortnight that the Sarand: 
small vessel of war mounting 6 or 8 Guns was fitting in order to take out 
the United States Gen Guido as minister: This morning the report has j 
sumed a new shape and it is now confidently said that she is to proceed to t 
Falklands for the purpose of resuming possession and capturing Americ 
vessels. If she goes for the Falklands the Enterprise, of course, as 
suppose, will follow her. 



DOCUMENT 71: JULY 26, 1832 137 

71 

Francis Bayhes, United States Charge d' Affaires at Buenos Aires, to Edward 
Livingston, Secretary of State of the United States : 

No. 5 BUENOS AIRES, July 26, 1832. 

SIR : Although of no material consequence, I think it expedient to forward 
by this opportunity a duplicate copy of a private letter addressed to you 
from Rio de Janeiro, and dated May i8th. 2 - 

I also forward a translation of a document of a singular character. It 
being an application to the former Minister of Foreign Affairs, by Luis 
Vernet, for the detention of M! Slacum, the Consul, for slandering the char- 
acter of Vernet in his official notes, when acting as Charge d' Affaires of 
the United States. 3 

1 Despatches, Argentine Republic, vol. 4. 

2 See above, this part, doc. 59. 

3 _ The translation of the document referred to, and the statement of the Attorney General's 
opinion, enclosures with Mr. Baylies's despatch, are the following: 

BUENOS AIRES, March 30, 1832. 

MOST EXCELLENT SIR: Don Luis Vernet, Civic and Military Commandant of the 
Falkland Islands and their adjacencies, before Your Excellency respectfully says: that, 
having been seriously calumniated by M? George W. Slacum, as well in his official notes 
as extra-judicially in various assemblies, with accusations of my having acted without 
any public authorization, in prohibiting the fishing of Seals on those Coasts, and Captur- 
ing American vessels engaged therein an injury the more vituperable, inasmuch as, by 
the Gaceta of the 30^ October 1830, in which was published the Circular that I, in 
character of Civic and Military Commandant of the Falkland Islands, had addressed 
to Captains of vessels engaged in the Seal Fishery, M* Slacum must have been made 
acquainted with the authority and faculties with which, two years previous, I had been 
honored; the same document having been published also in the British Packet of 16* 
of the same month and year charging me, even, with having immediately appro- 
priated to myself the cargoes of said vessels; of having violently and wrongfully arrested 
and imprisoned their officers and crews; of having thrown a part of them upon a foreign 
land and the bounty of strangers; and, finally, of having abandoned another part on the 
desolate Island of Staten Land I did reserve to myself to protest, when and where it 
might be proper, for legal satisfaction for such injuries, as is shown among the docu- 
ments of the process instituted for examining into the legality of the Capture of the 
American Sealing schooners. It is to day currently reported that the said M' 
Slacum is preparing to absent himself from the Country. This circumstance places me 
in the necessity of urging my protest, as a precaution that at no time it may be made 
an objection that I had omitted it. To this end, I apply to the superior authority of 
Your Excellency, with the prayer that you be pleased to order that the said M? Slacum 
do not absent himself, without first leaving proper and sufficient security for the results 
of the suit, wherever it may be instituted. And as, notwithstanding the intimation 
that may be given him, its fulfilment may, perhaps be eluded I ask at the same time, 
that notice be given at the Police Department and to that of the Harbor-Master, not to 
permit the said Gentleman to depart, either by land or water. 

Therefore, I pray Y. E. to dispose and order as I have solicited. 

Luis VERNET. 

Let it be submitted to the Attorney General. 

LOPEZ. 

BUENOS AIRES, March 31, 1832. 

MOST EXCELLENT SIR: The Attorney General says: that Consuls, as M? George W. 
Slacum, do not enjoy any priviledge which exempts them from being prosecuted before 
the ordinary tribunals of the Country. Consequently, and if in any manner he has 
aggrieved the applicant in such terms that he would found an action against him by our 



138 PART II: COMMUNICATIONS FROM ARGENTINA 

The Minister of Foreign Affairs entertained this application! and refer 
it to the Attorney General and the Attorney General was of opinion, t 
M? Slacum, Acting Charge 1 d'Affaires of the United States, might be arres 
and held to bail, to answer to a charge of slander, for facts stated in a dij 
matic correspondence! 

The Assessor-General, however, had some sense of propriety and 
affair terminated. 

I have the honor [etc.]. 

P. S. Mr Slacum was permitted to take the above copy of Vern< 
application and the opinion of the Attorney General by the Asses 
General, confidentially, this circumstance will give to a part of the ab< 
communication a confidential character with you. 



72 

Francis Baylies, United States Charge d'Affaires at Buenos Aires, to Man 
Vicente de Maza, Acting Minister of Foreign Affairs of Argentina l 

BUENOS AIRES, August 6, 1832 

The undersigned Charge d'Affaires from the United States of Amer 
near the Government of the Argentine Republic takes the liberty to rem 
His Excellency the Minister of Grace and Justice charged provisions 
with the Department of Foreign Affairs, that, in a communication wh 
he had the honour to submit to him of date June 20, 2 after a recapitulat 
of the outrages which had been committed by the Military and Civic G< 
ernor of the Falkland Islands and other territories embraced in the dec 
of June loth 1829, on the persons and property of citizens of the Unr 
States of America he informed His Excellency that he was authorised E 
instructed by his Government to say "that they utterly denied the existei 
of any right in this Republic to interrupt, molest, detain or capture 
vessels belonging to citizens of the United-States engaged in taking seals 
whales or any species of fish or marine animals in any of the waters or 
any of the shores or lands of any or either of the Falkland Islands, Tie 

laws, to sue him in judgment, with the due proofs thereof he ought to apply to an] 
the ordinary Justices, and there ask what belongs to law. In virtue of which, ; 
Your Excellency being so pleased, you can order that this Solicitude be returned to 
Petitioner, in order that he may so proceed or as to Y. E. may seem best. 

AGRELC 
Let it be submitted to the Assessor General. 

LOPEZ 

1 Dpsnatrlips Arcrpntinp Ppnnlilir" vnl A pnrlneprl with Ratrlipo tn tViA .'Iprrptart/ 



DOCUMENT 72: AUGUST 6, 1832 139 

del Fuego, Cape Horn or any of the adjacent Islands in the Atlantic-Ocean ' ' 

The undersigned also takes the liberty to represent that in another 
communication of June 26th 1 he had also the honour to submit on the part 
of his Government an enquiry in simple and plain terms "wishing to know 
distinctly from this Government whether it claimed on its part any right or 
authority to detain or capture, or in any way to molest, interrupt or impede 
the vessels or the citizens of the United States while engaged in fishing in the 
waters or on the shores of the Falkland Islands and the other places already 
mentioned." 

This enquiry not being answered the undersigned in another communica- 
tion of date July loth. 2 assumed the fact that the Argentine Republic did 
claim the right to exclude American citizens from the fisheries of all the 
shores and seas included within the limits of the civil and military Govern- 
ment of Don Louis Vernet, and although it was incumbent on this Gov- 
ernment to take the affirmative and prove their rights, inasmuch as force 
had been used in the assertion of those rights, yet to convince this Govern- 
ment of the amicable disposition of the Government of the United States 
and that the latter rested their rights on principles from which they could 
not swerve, he waved all technical advantages and undertook to prove that 
the Argentine Republic had not the rights which were claimed, and sub- 
mitted for the consideration of His Excellency an argument founded on the 
principles of international law and on historical facts. 

If the undersigned has been so unfortunate as to fail to convince His 
Excellency the Provisional Minister of Foreign Affairs and the Government 
whose organ he is, that the Argentine Republic has not the rights which are 
claimed he wishes to know it as speedily as the convenience of His Excel- 
lency will permit, and if it is inconvenient for His Excellency to reply at 
length to the several points which were made in his communication of July 
loth. yet it will be satisfactory in some respects (although unpleasant 
in others) to receive from His Excellency as the organ of his Government a 
formal and official assertion of this right to exclude American citizens from 
the use of these fisheries in terms as brief as His Excellency shall choose to 
make them. 

If on the other hand the undersigned should be so fortunate as to find 
that his own opinions are in accordance with His Excellency's, and with 
those of the Government of the Argentine-Republic touching these rights 
of fishery, it would be satisfactory to him to know it. 

The undersigned takes this occasion to proffer to His Excellency the assur- 
ance of his high respect and consideration. 

1 See above, this part, doc. 63. 2 See above, this part, doc. 67. 



I4O PART II : COMMUNICATIONS FROM ARGENTINA 

73 

Francis Baylies, United States Charge d 'Affaires at Buenos Aires, to Edit 
Livingston, Secretary of State of the United States 1 

[EXTRACT] 
No. 6 BUENOS AIRES, August 6, 183: 

1 also embrace this opportunity to forward the following original co; 
viz. 

i , Despatch N 6 which is this letter 

2 A note to the Minister of Foreign Affairs of date August 6. 2 

The revolution at Montevideo has apparently terminated in conseque 
of the engagement to restore Rivera the former President, and the sacri 
of two of his Ministers, but it is the general impression here, that this is 
a permanent settlement, that new disturbances will soon arise, and 1 
Rivera will not ratify the Convention made by his Agent. 

I have received no advices from the State Department since the commi 
cation of April 3d. 3 and my ignorance of the views of the Government 
specting the suspension of Mr Slacum the Consul, has embarassed me, 
arrested that course of prompt action which I had determined to pun 
for I wished to lay before this Government officially, every subject of c 
plaint on the part of the Government of the United States & under t 
particular instructions. 

Considering however that I have carried forbearance to the extreme li 
of courtesy, inasmuch as a month has nearly elapsed since I have recei 
any communication from this Government, I have thought proper to add 
to them this day the note of which an original copy is forwarded. If 
is not answered in one week, or if the answer be unsatisfactory I shall dem 
my passports, unless within that period additional and different instruct] 
shall arrive, for if I understand my instructions as they now are, altho 
the terms of satisfaction may be the subject of negotiation and discuss 
yet the maintainance of the right of free fishery, and the reparation 
injuries already committed are in no case to be waved. 

This time however may be prolonged if the illness of the Governor i 
is now dangerously sick with the quinsy be urged as an apology for deh 

I have the honour [etc.]. 

P. S. It is just announced, officially, that the Governor, in conseque 
of his illness, retires, temporarily, from the Government, which is delegg 
to the Ministers, with full powers, excepting the power to appoint and 
move officers. 

1 Desmtches. Argentine Renuhlir. vol. A. 



DOCUMENT 74: AUGUST 8, 1832 

74 



141 



Manuel Vicente de Maza, Acting Minister of Foreign Affairs of Argentina, to 
Edward Livingston, Secretary of State of the United States ] 

[TRANSLATION] 



BUENOS AIRES, August 8, 

The Undersigned Minister of Justice charged with the Department of 
Foreign Relations has been directed by his Government to address the 
Secretary of State of the United States for the purpose of explaining to him 
that it having been considered necessary for the interests of both Parties 
to refuse any farther intercourse with M r J. W. Slacum the Consul of the 
U. S. residing in this Capital, it was intended that official information thereof 
should be immediately transmitted to the President of that Republic, but 
that a change in the Administration of this country which occurred about 
that period rendered a delay unavoidable. 

The Government of Buenos Ayres was however preparing to perform 
that duty when on the 14* of February last the Message of the President of 
the U. S. dated December 6 th 1831 arrived which communicated the in- 
formation that a Minister was about to sail for Buenos Ayres to inquire 
into the nature of the Circumstances which have lately occurred in the 
Falkland Islands; from this it was judged proper to await the arrival of the 
Minister under the expectation that as soon as he had received a correct 
statement of the facts he would transmit to his Government an account 
which would prevent the treatment received by M r Slacum from being 
considered at variance with those sentiments of honour and justice which 
should prevail here. The Government of this country has acted with the 
utmost caution and forbearance and nothing but absolute necessity would 
have induced it to refuse communication with M r Slacum; it was to be 
desired that the circumstances might be examined on the spot in order that 
distance might not diminish that sympathy which was to be expected from 
the justice and moderation of the United States. 

But the opinions expressed by M r Baylies with regard to M r Slacum's case 
in his first note 2 to the Ministry diminishes the hope that the prejudices 
which he has imbibed will disappear or that he will accept the apology of the 
Argentine Government instead of devoting himself to the interests of an 
individual the restitution of whose Consular privileges he has not scrupled to 
demand within five days after his arrival in the country without regarding 
the danger of such precipitate requisition. This being the Case the Govern- 
ment is under the necessity of communicating directly with the Secretary 
of State of the U. S. and of laying before him at once the facts as they 
are. 

1 Notes from the Argentine Republic, vol. I. 

2 See above, this part, doc. 60. 



It will be seen by the annexed documents x N oa I and 2 that as soon as 
the American Schooner Harriett Capt. Davison arrived here from the Falk- 
land Islands, M r Slacum addressed an improper question to this Government 
which he sustained upon principles at once incorrect and imprudent. The 
Harriett with two other schooners the Breakwater and the Superior had been 
seized by the Military and Civil Governor of those Islands for persisting in 
fishing on the coasts notwithstanding the notification issued by the Argentine 
Government in 1829 that all vessels so doing would be liable to seizure and 
confiscation both of vessel and cargo, a colony having been there established 
by it. The Harriet entered this port not only in consequence of the infrac- 
tion committed by her Captain on the aforesaid decree but by express agree- 
ment between that person and the Governor of the Falkland Isles that he 
would appear as the representative of Captain Congar of the Superior 
on the trial of his vessels and cargoes which was here to take place before the 
competent tribunals. To suppose that any illegal decision would be pro- 
nounced or that Captain Davison would be deprived of proper defenders 
was a gross insult on the part of M r Slacum; yet that gentleman pretended 
to be ignorant upon what principles this Government had taken upon itself 
to detain an American Citizen, and affected to view the Act as likely to 
disturb the existing good understanding between the two Countries. 

The Government of Buenos Ayres had a strong interest in settling this 
affair as a means of repressing all future interference on M r Slacum'spart 
in the affairs of the Falkland Isles; however M r Slacum was simply informed 
in reply that the case of the Harriett would be conducted by the proper 
authorities and determined according to the laws of the country. 2 After 
this declaration that the National responsibility was involved in the trial 
of the Harriett and seeing that the persons interested were insured against 
all loss and damages while the agreement as set for thin N II 3 was well 
known it was not to be supposed that M r Slacum would persevere in his 
endeavours. 

However M r Slacum instead of allowing this matter to rest which involved 
questions for the discussion of which a mere Consul is never considered com- 
petent, persisted not only in denying entirely the right of the Republic to 
detain American vessels for fishing on the shores of the Falkland Islands and 
of the territories adjacent to Cape Horn but also in protesting against all the 
means of enforcement which had been adopted as well as against the Decree 

* The first is a Spanish translation, of Slacum's note of November 21, 1831 to the Foreign 
Minister, and the second is the Minister's reply of November 25, for both of which, see above, 
this part, docs. 41 and 43. 

2 See above, this part, doc. 43. 

3 This No. II is a pamphlet of six pages printed in Spanish containing a report by Vernet, 
apparently to the Government at Buenos Aires though it is not addressed to anyone, dated 
April 21, 1832, which quotes in full, in Spanish, the contract between him and Davison, 
commander of the Harriet, and Congar of the Superior, signed September 8, 1831, for which 
see above, this part, doc. 42, -note 2, second document. 



DOCUMENT 74: AUGUST 8, 1832 143 

of June io th itself (1829) by which those Islands and territories were declared 
the property of the Republic which claimed jurisdiction over them and ap- 
pointed persons to exercise its Authority. 

It is not necessary to repeat the words of the protest in order to substan- 
tiate the charge of impertinence alleged against it. It is now many years 
since a colony was settled by the direction of the Argentine Government at 
the Falklands during the residence here of an American Charge 1 d'Affaires. 
The Decree naming Don Lewis Vernet to be Military and civil Governor of 
the Colony and setting forth the powers with which he was invested was 
published in the Journals of this Capital without any objection on the part of 
M? Forbes nor has any citizen of the United States ever ventured to cast a 
doubt upon the rights of this Republic to dispose of those territories accord- 
ing to its own pleasure; this right has been acknowledged undoubtedly by the 
Government of Washington itself. 

Upon what grounds did M r Slacum question the right of Buenos Ayres? 
Does he not know that the Falkland Islands and coasts of Patagonia with the 
others adjacent to Cape Horn were comprehended within the territory laid 
out by the Kings of Spain as the former Vice Royalty of La Plate which the 
wishes and the valour of its citizens have since erected into an Independent 
Republic? Does M r Slacum contest the right of Spain to that which was 
discovered, conquered, held and peopled by its subjects or consider that such 
rights have not passed to this Republic as fairly as those of Great Britain in 
North America have passed to the United States? Does he deny the right 
of Spain to those Islands and adjacent lands? Is he ignorant that although 
colonies have been founded there by the English and French they have been 
always withdrawn at the instance of Spain and that the trade to and fishing 
on them, though often the subjects of controversy, have always been claimed 
and successfully too by Spain which exerted itself to the utmost in the de- 
fence of its right of sovereignty. 

It is unnecessary to adduce any other reasons; the Government of Buenos 
Ayres has it in its power to make what restrictions it pleases with regard to 
fishing on the Islands and territories aforesaid which belong to the Republic, 
and if the detention of the Harriett be according to the Laws of Nations it is 
clear that M r Slacum's protest was merely gratuitous and by no means 
within his functions as a Consul. The Government simply gave notice to 
M r Slacum that with regard to the Harriett nothing more was necessary for 
the judicial proceedings than a knowledge of the facts and that his authority 
to interfere by protest was not recognized. 

At this time the Minister of Foreign Relations received through M r 
Slacum a letter l from Captain Duncan of the U. S. armed ship Lexington 
declaring that he was about to proceed to the Falkland Isles for the purpose 



144 PART II: COMMUNICATIONS FROM ARGENTINA 

of protecting the American commerce in that part of the world by means 
the force under his command, artfully concealing the perfidious acts which 
had in view under this vague annunciation. M r Slacum's note accompa 
ing the above was dated the 3 rd of December 1831 j 1 on the 6 th2 he s 
another stating that Captain Duncan would put off his voyage until 
9 th hoping in the meantime that the Government would render the righ- 
fishing free to the citizens of the U. States, would restore the Harriett to 
owner or agents and would withdraw from the Governor of the Falkh 
Isles all right to interfere in the affairs of the citizens of the United Sta 

It was easy to see through the veil thus placed over the transactions anc 
discover that M r Slacum and the Captain of the Lexington held princii 
perfectly in accordance, and were willing to give a character of unfairnesi 
the accounts published by Governor Vernet of the circumstances connec 
with the seizure of the vessels; the Government however, determined 
persevere in the just but firm line of conduct which it had adopted, inforr 
the Consul on the 9 th 3 of the month that if M r Gilbert Davison comman 
of the Harriett should leave the country without first appointing a pro 
representative (he having already embarked on board the Lexington) 
would thereby subject himself to all the loss and penalties which mighl 
justly awarded against him on account of his improper absence; at the SE 
time M r Slacum was informed that the authority which he had assumec 
himself since the death of M r Forbes was not recognised; and that therei 
it was strange that he who possessed no power of representing the U. Stz 
should thus act in opposition to the laws of the country ; he was requeste< 
pause lest he might act in a manner by no means conformable to just 
He was also informed that every proceeding tending to disavow the ri 
of the Argentine Republic to the Falkland islands and countries adjacen 
Cape Horn would be made matter of formal complaint to the Governrr 
of the United States, which would doubtless act thereon with the utn 
rectitude. 

Neither these repeated interferences of M r Slacum nor his continual tr; 
gression of the limits of his Consular duties by disturbing the regular coi 
of the judicial proceedings nor yet the knowledge of his being engage* 
mercantile transactions so foreign to his office could make the Governrr 
deviate from the course it had laid down for the purpose of giving to 
President of the United States an incontestable proof of the principle 
moderation and temperance which actuate this Republic; and M r Sla< 
still continued to enjoy all the privileges and exceptions granted to 01 
Consuls residing in this Capital, in order that the United States might see 
confidence placed in their integrity by the Argentine Government. 
1 Not found; though in Slacum's despatch of December o. iS^i, to the Secretary of S 



DOCUMENT 74: AUGUST 8, 1832 145 

More than two months passed -in this manner when the Government 
learnt with surprise the attack of the Lexington upon the Colony established 
at the Falkland islands at Soledad. Captain Duncan had there without any 
resistance destroyed the powder, rendered the artillery useless, seized both 
the public and private property, shipping on board his vessel the produce of 
the Colony's fishing, imprisoning 6 citizens of the Republic and overthrowing 
the results of many years' care and attention in defiance of the rights of a 
friendly nation. 

This proceeding as scandalous as humiliating could not but arouse the 
feelings of a people so jealous of their liberty and so conscious of having 
omitted nothing since their separation from Spain which could tend to con- 
ciliate the United States. The Government was however obliged by the 
public voice which designated M r Slacum as an accessory of this shameful 
aggression or the blind agent of others whose opinions had thus worked upon 
Capt. Duncan so far as to induce him to commit the act of hostility. This 
opinion having become universal throughout the Nation the Government 
considered it its duty to refuse to M r Slacum the right of acting officially, 
otherwise it could only have been viewed as itself encouraging and inviting 
such outrages. He was therefore on the 14 th of Feby * last informed that 
all official communication with him was suspended, and he was at the same 
time requested to name some one properly qualified to represent his country 
in his place and secure to its citizens the enjoyment of their rights this will 
be seen by reference to N I2. 2 

The Undersigned has now complied with the orders of his Government in 
transmitting to the Secretary of State of the United States a candid exposi- 
tion of the circumstances which led to the official correspondence with M r 
Slacum and of its subsequent conduct towards that person. He now hopes 

I st ) that the President of the United States will consider this government 
justified in suspending its communications with M r Slacum 

2) that during the whole period of this disagreeable contest it has 
omitted no means of keeping the question within its lawful limits 

3) that the suspension of communications with M r S. was in conformity 
with the usages of other Nations and that during the period nothing was 
omitted which was necessary for the interests of citizens of the United 
States 

The Undersigned assures the Secretary of State of his own individual es- 
teem and of the ardent wishes of this Government that peace may be main- 
tained between the United States and the Argentine Republic 

Saluting [etc.]. 

1 See above, this part, doc. 52. 



146 PART II: COMMUNICATIONS FROM ARGENTINA 

75 

Francis Baylies, United States Charge d 1 Affaires at Buenos Aires, to Edit 
Livingston, Secretary of State of the United States a 

[EXTRACT] 
No. 7 BUENOS AIRES, August 13, 183 < 

The revolution at Montevideo has terminated in the restoration of Ri\ 
the late President. Lavalaje [sic] who became the Chief of the Revoluti 
ists and Col. Garzon are reported to be in this City. The estate of Lava 
who was the wealthiest person in the Banda Oriental will pay the whole 
pense of this tragic farce. For a few hours the City was in a state of 
archy, and the black soldiers without officers predominant and beginninj 
plunder. The citizens alarmed both for their property & their lives sou 
aid from the British Brig Beagle and- the American Schooner Enterpi 
The crews were landed; the English took possession of the Fort, and 
Americans of the Custom-House, and raised their respective flags, and w 
the danger was over returned to their vessels 

The Banda-Oriental is not the only place in this region where the Revi 
tionary spirit prevails difficulties are approaching which may break 
slender thread which connects the incongruous materials of what is called 
Argentine Republic. There is now scarcely the shadow of union between 
different Provinces excepting between those of Buenos-Ayres, Santa Fe 
Corrientes which have an alliance. The Governor of Corrientes has ] 
posed the establishment of a Port at Sante Fe about 250 miles above Bue 
Ayres which place is perfectly accessible to vessels drawing not more thai 
feet of water, and has many advantages from its proximity to the uj 
country in addition the anchorage there would be far more secure than h 
where there is nothing but an unsheltered roadstead This project 
produced much jealousy and bitter feeling already, and it may destroy 
political connection between the Provinces, and lead to the establishmen 
another sovereign nation between Buenos-Ayres and Paraguay. Such 
event might be followed by important consequences to the Commer 
world, involving the right of the free navigation of the River. 

The departure of the Warren for Montevideo and some reports (whel 
just or not I cannot as yet ascertain) that this Government had chan 
their views with respect to the conduct of Vernet has induced me to d< 
taking the final step by asking my passports, considering it to be my 
perative duty to prevent a rupture if it can be done without a sacrific 
essential rights and the national honour. 

August ip, i?j; 



DOCUMENT 76: AUGUST 14, 1832 147 

2. A note to the Provisional Minister of Foreign Affairs dated August 
18th. 1 

3. and also a Private letter to Mr. Livingston of date August iQth. 2 
You will perceive that the negotiations are closed. As soon as the Warren 

returns from Montevideo I shall embark and return to the United States as 
speedily as possible 

I can only say that nothing has been left undone by me to maintain amic- 
able relations between Buenos-Ayres and the United States short of personal 
and national humiliation. 

I have the honour [etc.]. 



76 

Manuel Vicente de Maza, Acting Minister of Foreign Affairs of Argentina, to 
Francis Baylies, United States Charge d' Affaires at Buenos Aires 3 

[TRANSLATION] 

BUENOS AIRES, August 14, 1832. 

The Undersigned, Minister Secretary of Grace and Justice, charged pro- 
visionally with the Foreign Affairs of the Argentine Republic, has the honor 
to make known that, the Political and Military Comandante of the Falkland 
Islands, Don Luis Vernet, having made out the Report called for by the 
Government, an authenticated copy of which is herewith, upon the charges 
and complaints which the Charg6 d'Affaires produced in his first note, dated 
in this city 20th. of June last 4 His Excellency the Governor of this Prov- 
ince has taken into consideration as well the aforesaid note, as the four subse- 
quent ones of the 26th. of the same June, loth and nth. of July and 6th. of 
August instant, 5 which His Honor has been pleased to address to the 
Undersigned. 

The contents of the aforesaid notes being carefully observed and reflected 
upon, he notices that the Charge 1 d'Affaires proposes in the first, with earnest 
solicitude, to call the attention of His Excellency principally and almost 
exclusively to certain proceedings of Don Luis Vernet, who, by a Decree of 
the Government of this Province of loth. June 1829, was styled the Civil and 
Military Governor of Falkland Islands and all those adjacent to Cape Horn 
(including Tierra del Fuego) in the Atlantic Ocean deducing from them 
various complaints and charges against the aforesaid Comandante, and 
declaring that he was authorized to deny entirely the existence of any right in 
this Republic that could justify them in interrupting, molesting, detaining or 

1 See below, this part, doc. 77. 2 See below, this part, doc. 78. 

3 Despatches, Argentine Republic, vol. 4, enclosed with Baylies to the Secretary of 
State, No. 7, August 13, 1832, above, this part, doc. 75. 



148 



PART II : COMMUNICATIONS FROM ARGENTINA 



capturing any vessel belonging to the United States of America, or 
persons, being citizens of said States, engaged in fishing for seals, or wr. 
or any species of fish or marine animals, in the waters or on the shores or ] 
of any of the Falkland Islands, or Tierra del Fuego, Cape Horn, or any o 
adjacent Islands in the Atlantic Ocean. In consequence of this, and o 
outrages committed by Don Luis Vernet upon the persons and proper 
American citizens, His Honor asks the restitution of all captured prop 
belonging to the aforesaid citizens, which may now be in the possessit 
this Government or of Don Luis Vernet, claiming to be, by their app 
ment, Civil and Military Governor of the Falkland Islands, Tierra del F 
and all those in the Atlantic Ocean adjacent to Cape Horn and com 
indemnity for all other property of American citizens which may have 
taken, sold or destroyed by- Vernet, or by persons under his orders, anc 
and ample immunity and reparation of all the consequent damages 
nating therefrom, and full indemnity for personal wrongs, whether 
detention, imprisonment, or personal indignities. 

But, as soon as the Undersigned, by his note of the 25th. June, 1 hac 
honor to inform the Charg6 d'Affaires of the United States, that the Go 1 
ment had resolved, under that date, to ask explanations of Don Luis Ve 
upon all and each one of the points of complaint relative to his public 
duct, in the cases that bore upon his responsibility ; and that, in view of t 
and according to the judgment the Government might form, as well 
what Don Luis Vernet might set forth, as from what was so, by the Cl 
d'Affaires in support of his reclamation, His Excellency would pronoi 
without impairing the private rights of those North American citizens 
might be aggrieved or injured, and without sacrificing, neither, to exorb 
pretensions, those of Don Luis Vernet, and much less those of a p 
nature, which, by the common law of nations, belong to the Argentina 
public, as a sovereign and independent State. 

So soon, then, as the Undersigned addressed to the Charge d'Affaires 
communication, His Honor, in a note of the 26th. of the same me 
proposes to maintain that such explanations were unnecessary, since 
Luis Vernet had published under his own signature the truth of the ca] 
of the American vessels as if this were the only charge and complair 
forth by the Charg d'Affaires thus, by this means discovering his intei 
to change the ground of the negotiation ; because without desisting fror 
complaints set forth, nor from the denial of the right of the Argentine 
public to the Falkland Islands, &c he confines himself principally t 
quiring (and urges the same in his subsequent note of nth. July) 3 thai 
Government should declare whether it pretends, on its part, to any rig 



on *-!-./ 



This want of steadiness manifested in the first step of the Charge d' Affaires, 
is, in the opinion of the Government, an indication of the violent effort 
His Honor makes, in order that the daring and cruel outrage committed in 
said Islands by M? Duncan, the Commander of the U. S. Ship of War Lexing- 
ton, destroying, in the midst of the most profound peace, with black anger 
and in the most perfidious and ferocious manner, a settlement which this 
Government had publickly formed, at that time without opposition, and of 
which it was afterwards in complete possession, under the just conception of 
the indisputable right which it has had, and has, to the said Islands should 
be viewed as an incidence, consequent to the principal point of this affair. 

His Excellency believes that he would offend against his duty, if he could 
dissemble so marked an irregularity, yielding to the pretensions of the 
Charg6 d' Affaires. 

The barbarous act committed by M? Duncan, in contempt of the estab- 
lished usages among civilized nations, and of those considerations that are 
entertained reciprocally, is the subject, which, with preference, ought to be 
taken into consideration by both Governments: it has called the public 
attention in every part where the news has reached of this extraordinary 
outrage; it has excited the astonishment of all who cherish sentiments of 
justice and humanity; it has wounded intensely the honor and dignity of the 
two Republics outraging and insulting the Argentine nation, at the same 
time that it tarnishes and impairs the credit and reputation which the 
United States have always merited. 

This truth is as evident as easy to be felt. For its more palpable illustra- 
tion, the Undersigned will admit, for one moment, all that His Honor sets 
forth to establish that the Argentine Republic has no right to the aforesaid 
Islands; he will also suppose that, the Government of this Province having 
proceeded under a mistaken idea to grant to the Comandante Vernet the 
exclusive right to the seal-fishery on their shores, which he alleges and uses in 
defence of himself and Colonists such right was null, and consequently the 
act, on his part, of the capture of the Harriet, Superior and Breakwater, 
unjust: even then, after these gratuitous concessions of the moment inas- 
much as the Comandante Vernet believed he was duly exercising the right 
with which he who thinks himself robbed apprehends the robber with the 
booty in his hand and carries him to the immediate authority on which he 
depends, that it may do him justice it is clear that the apprehension to 
which he proceeded does not amount to an aggression of Nation against 
nation, nor a formal injustice of man against man. The most that could be 
alleged of it would be, a material fault committed in perfect good faith, under 
an error, for which the apprehender was not culpable. 

In similar cases, what ought to be done, conformably to the law of Nations 



150 PART II : COMMUNICATIONS FROM ARGENTINA 

and to the practice of all enlightened nations who regulate their conduci 
the principles of justice and moderation? What is it that ought to be c 
consulted, in order that the peace and harmony of the general societ 
States be not disturbed, and to endeavour to establish rights, making 
before all things, of reason and argument? Was it, peradventure, for 
Commander of a ship belonging to the nation of the captured party, to t 
to himself the liberty of destroying the settlements to which the ca] 
belonged, load with irons its inhabitants, carry them captives to fon 
lands, and to plunder them of their property? By no means. S 
conduct would not have been practised among respectable nations, as I 
land and France it can only have taken place by an ignoble abuse on 
part of the powerful against the weak, or amongst barbarous people, ' 
know no law but the dictates of their passions, nor resort to other mean 
obtaining reparation of their real or feigned wrongs, than those of a b 
and ferocious vengeance. 

Every sovereign Government has the right exclusively to judge its subj 
within its own territory, and to be considered sufficiently just to oblige t] 
by legal measures to make reparation for any wrong or injury they may r. 
caused to a foreigner. In this respect, presumptions are always in its fa 
while there is no evidence to the contrary. Therefore, the rational and 
course which the Master of the Harriet ought to have adopted in the s 
posed case, is the same which is admitted among all the enlightened nat 
of the World when a privateer does really, in error, capture unjustly a fisl 
or merchant vessel, and conducts her, with her Captain, before the compe 
authority of the Country under whose flag he cruises. Captain Dav 
ought to have entered his complaint against Comandante Vernet before 
authority of this Province justified his own proceedings on the princi 
(or others) which the Charg d'Affaires now puts forth, and demandec 
consequence, reparation for the damages and injuries which Don Luis Ver 
as Comandante of the Falkland Islands, might have caused him. If 
Authority supposing the justice of the demand should have granted : 
him, then the affair would have terminated in a rational and pacific man 
but if it were denied him, this would furnish no motive for insulting 
Argentine flag and resorting to outrage and violence so inhuman as has 1 
committed by Captain Duncan. Still the pacific means of negotia 
remained and when these failed to have effect against a manifest injus 
then, and only then, should force have been employed. But never by 
Commander of a ship attacking, as he did, by surprise and deception, li 
highway-robber or a pirate, a settlement which was unprotected and 
prepared, in the confidence of profound peace and of the public faith c 
nations but by awaiting all those forms and previous solemnities a 



DOCUMENT 76: AUGUST 14, 1832 . 151 

making war one upon another. Vattel, whom the Charge d' Affaires cites in 
his favor in one of his notes, says, Book 2.ch. 18. 354, "that those who 
resort to arms without necessity are pests of the human race they are 
barbarous enemies of Society and rebels against the laws of Nature, or rather, 
the laws of the common Father of mankind." 

Captain Davison and the ex-Consul, Slacum, did not proceed thus: they 
both refused absolutely to observe this convenient course; the former pre- 
ferred to fly from on board his vessel, notwithstanding the then Minister of 
Foreign Affairs, Don Thomas Manuel de Anchorena, wrote to the latter, at 
the solicitation of the Comandante Vernet, that he should give notice to the 
said Captain not to depart from the Country without leaving an Attorney 
properly empowered in the Cause of his Capture, then going on, in which the 
said Vernet desired he should answer to the charges which it was proposed to 
make against him. The ex-Consul refused to be the medium of such notice; 
he occupied himself in extemporaneous and unseasonable matters (gestiones) 
greatly above his authority and went so far as to adopt a lofty tone, that 
did not comport with the respect and modesty with which the Government 
of a sovereign State should be addressed. At the same time, Captain Dun- 
can intermeddled in the affair, and had the audacity to address an official 
note to the said Minister, in an uncivil, impolite manner. 

Disorder, therefore injustice insult, and violence, have been on the side 
of Messrs. Slacum and Duncan but especially on that of the latter; he 
having carried his turpitude and ferocity to the last extremity, destroying 
with unspeakable inhumanity and perfidy the Falkland Island Colony. 
They have openly contemned, depressed and outraged the dignity of the 
Argentine people with a manifest stain upon their own nation and Govern- 
ment. 

In view, then, of outrages so palpable and scandalous which admit not of 
the least tergiversation, the Government of this Province feels it to be its 
duty to demand before any thing else, of that of the United States of North 
America, on its own part and as charged with the Foreign Affairs of the 
Republic prompt and complete satisfaction for said outrages, and repara- 
tion and indemnification, not only to the Argentine Republic, but to Coman- 
dante Vernet and the Colonists that existed under his dependency at the 
Falkland Islands, for all the damages and injuries, of whatsoever kind they 
be, which they may have suffered, or are suffering, from the aggression of 
Captain Duncan. 

In virtue of this, and of the fact that the Charg6 d' Affaires gives the 
assurance that he is fully authorized by his Government to treat on this 
subject, the Undersigned has orders from that of this Province, to demand of 
His Honor, as he now does, in the most formal and solemn manner, the 
already indicated prompt and complete satisfaction, reparation and in- 



152 PART II: COMMUNICATIONS FROM ARGENTINA 

standing it confides in the nobleness and rectitude of principles professed 
that of the United States; and, although it believes that the latter will 
deny the notorious justice of this demand, nor its duty for its own hon< 
sake to accede to it; yet, as the affair requires, from its nature, this orde 
proceeding, and as, moreover, it deeply affects the honor and dignity of 
Argentine Republic it cannot omit to manifest its determination. 

The Undersigned has orders also to make known to M r Charg d'Affa: 
of the United States of North America, that, until (interin) this Governm 
obtains both things, it will not enter into discussion on any of the other poi 
comprehended in the aforesaid notes of His Honor inasmuch as this wo 
be to disregard the acts of Captain Duncan, which the Undersigned ou 
not, and cannot lose sight of, for a single instant; and, therefore, in express 
this decision, by order of his Government, he will not omit the assura 
that, in the meantime, it will exercise its rights in such manner as it n 
esteem Convenient. 

The Undersigned offers to the Charge d'Affaires of the United States 
North America, the sentiments of high attention with which he salutes h 



77 

Francis Baylies, United States Charge d'Affaires at Buenos Aires, to Mar 
Vicente de Maza, Acting Minister of Foreign Affairs of Argentina ] 

BUENOS AIRES, August 18, 1832 

The undersigned has the honour to acknowledge the receipt of the not* 
His Excellency the Provisional Minister of Foreign Affairs dated the I 
instant. 2 

A communication addressed to His Excellency which accompanied 
note, appearing to be a Memorial of Louis Vernet, is returned. 

Having no authority to stipulate that reparation shall be made to Lc 
Vernet or to the Argentine Republic for the acts of the Commander of 
Lexington at the Falkland Islands ; and being expressly directed by his c 
Government to justify those acts the undersigned must yield to that al 
native which His Excellency has made imperative; and, as his continua 
here, would be useless to his country he asks passports for himself and 
Family. 

He relies on His Excellency for the necessary and usual facilities for < 
barking his personal effects and the Library and Archives of the Legati 

In closing his correspondence, the Undersigned tenders to His Excellei 
the assurance of his respect and consideration. 

1 Despatches, Argentine Republic, vol. 4, enclosed with Baylies to the Secretary 
State, No. 7, August 13, 1832, above, this part, doc. 75. 

2 See above, this part, doc. 76. 



rivate & Confidential. BUENOS AIRES, August 19, 1832. 

MY DEAR SIR : This letter will introduce to your acquaintance Thomas W 
lelt Esq. to whom I have entrusted Despatches of importance. On his 
rrival at the Chesapeake should he deviate from his direct course or take 
ny trouble to place them directly in your hands, I hope it will be considered 
rithin the limits of your discretionary power to compensate him liberally, 
Dr he is a gentleman in whom I have much confidence, & there are several 
Americans about departing of whose fidelity I should at the present moment be 
pprehensive at least until they had passed beyond the mouth of the La-Plata. 

The note to the Minister of Foreign Affairs was placed in his hands yester- 
ay at one P.M. The gentleman who conveyed it observed strong marks of 
urprise on the Minister's countenance when he received it. It is probable 
hat hesupposed the voluminous memorial of Luis Vernetwould occupy mesev- 
ral weeks but as I had no idea of making the U. S. a litigating party with Luis 
/"ernet before an Argentine Tribunal I returned that memorial with the note. 

Although my determination was formed as soon as the Minister's note was 
ranslated, yet, I supposed a delay of four days was proper to shew the 
Vrgentine Government that I did not ask my passports under any sudden 
mpulse of anger. The course which this Government will now take I cannot 
)redict, for they have all the vices of men and all the follies of children, with- 
>ut the virtues or the sense of either, therefore in attempting to form opinions 
bunded on a general knowledge of human nature the deepest sagacity may 
)e deceived in connecting causes and consequences. 

It may be that they actually desire war inasmuch as the murmurs against 
:hem in the City are now rising above whispers They have excited the 
ieadly animosity of the predominant party in the Banda Oriental, as there is 
ittle doubt that they were the instigators of that sedition which has found 
such a miserable termination. They are embroiled with Corrientes one of 
;he two Provinces with which they have any close connection. The 
Governor has resigned temporarily at least. The remains of the old Uni- 
tarian Party are raising their heads. Lavalle their last Military Chief is 
now the second in command under the President in the Banda Oriental. 
Their finances are growing worse and worse. Under these circumstances 
they may think that a war with the U. S. whom they rate generally as they 
would Chili or Peru would unite all the Provinces. That union might be 
effected in some countries, but I think I have already said to you in some of 

this volume. 



my letters that there is no such feeling in existence here as that which w 
call patriotism A Revolution here is a speculation, and the first 
made of political power is to rob the Treasury, and to appropriate the plun 
for personal purposes. 

The other Provinces will not unite with B. A. in a war with the U. S. < 
that Province must carry it on with her own resources. 

It may be that they will endeavour to keep the correspondence opei 
notwithstanding passports are asked On my part that will be done 
farther than to place before them in extenso a justification of Captain D 
can. It may be that they will grant the passports immediately, and 
stantly despatch the Sarandi to the U. S. with a Minister If that coi; 
is adopted, I suggest to you the propriety of refusing to accredit him, at le; 
until my arrival, for I shall be close on his heels and there are many thi 
which I wish to communicate to you at a personal interview. We h 
attempted to soothe, and conciliate and coax these wayward & petul 
fools long enough. They must be taught a lesson, or the U. S. will be vie^s 
with contempt throughout South America. 

You cannot conceive the extent of their stupid insolence and meann 
I employed a young native gentleman M. Valentia who holds the offic< 
public translator to teach the Spanish language to my little daughter a cl 
of nine years, and I never to my recollection exchanged a word with him 
public affairs certainly nothing beyond the common talk of the day. 1 
gentleman was lately called before Garcia Zuniga Secretary of the H( 
Department and threatened with the prison-ship if he visited my He 
again. This instance of oppression has induced him as he is well educa 
and intelligent to come to the determination to abandon the country ; 
go to the U. S. 

On suspicion that Mr Slacum the Consul had an intention to engag< 
an affair of honour they have kept the police in pursuit of him with 
avowed purpose of placing him in the Prison-Ship, not to punish him for ; 
violation of their laws for none has been committed, but for the purpos 
keeping him in close confinement for a long time without trial, as they 
to mortify him and bring down his pride. He has taken Asylum at my Hoi 

The only instance of nobleness, and chivalry and spirit that I have fo^ 
was in a native lady the niece of the Bishop who is married to an Ameri 
Catholic gentleman Mr Slacum had on some occasion been of service to 
gentleman and she did not forget it. Her efforts to obtain and communk 
information were incessant She encountered weather the most inclerr 
and some personal risque in order through her husband to keep Mr Slac 
informed and she had great opportunities for her sister was the wife of 
commissary of Police who was charged with the duty of arresting hii 
After the affair of Valentia had become public she took the earliest op] 
tunity to send her little daughters to visit mine and to visit Mrs Ba} 



DOCUMENT 79: AUGUST 2/, 1832 155 

herself and desired her to send our Daughter to her house daily where she 
could be taught. 

There are many other things illustrative of the character of this magnifi- 
cent people to write & no time. I pray God to deliver me from the hands 
of these Philistines. 

I am [etc.]. 



79 

Minute of a Conference between Manuel Vicente de Maza, Acting Minister of 
Foreign Affairs of Argentina, and Francis Baylies, United States Charge 
d' Affaires at Buenos Aires, August 27, 1832 a 

To day, at 2 O'clock P.M. M> Baylies, attended by M* Francis B. Stock- 
ton and myself, had an interview with the Minister of Foreign Affairs, at the 
Foreign office, in compliance with the previous invitation of His Excellency. 
The Minister opened the Conference by stating, that he had received or- 
ders to invite M? Baylies to this Conference, in order to obtain some explana- 
tions on certain points on which there appeared to be a misunderstanding. 
One of these points was, the returning, by M* Baylies, of the Report of Luis 
Vernet, which this Government had asked of that individual relative to his 
public conduct, and which had been transmitted to M? Baylies with the 
Minister's last note. M? Baylies replied to the Minister, that he had 
thought proper to return that document, inasmuch as he was here as the 
Agent of his Government, to discuss with this, the questions which form 
the subject of the present negotiation not to enter into any correspondence 
with Luis Vernet. The Minister said, that the Report had been trans- 
mitted in consequence of the charges made against Vernet that the 
Government had heard the charges and had listened to his defence, and 
therefore, it was viewed as proper to accompany the note but that Luis 
Vernet was not introduced to take any part in the negotiation. M? 
Baylies repeated that he appeared here as the Representative of the Gov- 
ernment of the United States, to discuss with that of Buenos Ayres, certain 
questions of vital importance, and to ask and obtain reparation for injuries 
done to American citizens at the Falkland Islands not to present himself 
as a litigating party against Luis Vernet, in a question 'in which this Gov- 
ernment was to act as umpire. The Minister asked, what meant, then, 
the various charges which had been produced. He said, those charges had 
been considered, and that the Government thought it just to hear Vernet's 
explanation of his conduct it was for this it had been asked of him and 
transmitted. M? Baylies said, although his note embraced allegations 
against Luis Vernet, yet the aggravations set forth were not of so much 



156 PART II: COMMUNICATIONS FROM ARGENTINA 

consequence as the acts, which were not denied to wit, the captui 
American vessels and American Seamen ; and that, as he was not authoi 
or instructed by his Government to enter into any question of reparatic 
Vernet and his followers, and as H. E. in his last note, had positivelj 
clined the discussion of any of the other points which made the subje 
his correspondence, until such reparation should be made, he considered 
his longer residence here could be of no utility to his Country, and 
therefore asked of H. E. his passports in order to depart the only alte 
tive which His Excellency's note had left him. H. E. replied th; 
ought not to have been understood that the negotiation and amicable 
tions should therefore terminate it did not imply total exclusion of al 
other points of the negotiation each of these points could be discusse 
its proper time it has often happened in negotiations between one Go% 
ment and the agent of another, that the latter, in its course, found hir 
without explicit instructions on some certain point, but that then 
natural course was, to communicate with his own Government and rec 
its new instructions that as M? Baylies had introduced Capt. Da^ 
and others who had suffered by Vernet, in the commencement of his c< 
spondence, he thought it proper, also, to set forth the injuries sufferei 
Vernet, as the preliminary, to demand reparation therefor in a word, 
things should be placed as they originally were, and then to follow upor 
other points that in case he and M 1 . Baylies could not agree, or thai 
latter could not treat on this question, for the want of instructions, t 
instructions might be awaited and if an arrangement could not be eff e 
here, it might, perhaps, be done at Washington and that, even in the e 
of a failure there, the question might be referred for the arbitration of g 
neutral power. This, the Minister said, he took, however, entirely i 
himself to suggest. M? Baylies observed, that every political or Diplon 
Agent was but the passive instrument through which were expressed 
sentiments and views of the Government whose Agent he was at 1 
this was his situation in relation to his own Government in all the pre 
discussion he was merely the organ for transmitting its opinions, clearly 
expressly pronounced that it was not for want of instructions, as 
seemed to have inferred, on the subject of the acts of Capt? Duncan, 
he had declined to enter into discussion about reparation for injuries re 
ing from them; for, on the contrary, he was expressly instructed to ju 
those acts: that, in regard to a reference to a neutral power, at which t 
had hinted, he wished to understand clearly what question he propose 
submit if the Question of Right, the Government of the United 81 
would not consent to refer it it was a question of vast importance, invol 
extensive interests that reached to regions far remote from these the ] 



DOCUMENT 79: AUGUST 27, 1832 157 

(question de derecho) and the Question of Fact (question de hecho} that in 
the former, he went not further than those Islands, or than their coasts and 
the coasts adjacent coasts [sic] (for the fishery there was practised on the 
shores, for an animal that was amphibious). In regard to the latter: a 
colony belonging to this Government a military establishment, had been 
invaded, attacked and destroyed by a military force that it would seem 
it was clearly declared that these acts of an officer of the United States' 
squadron were justified by his Government which was neither more nor 
less than to say that Cap* Duncan had done what he ought to have done 
or that the Government of the United States had really instructed him to 
do, or, at least, approved of what it could not yet have known was done. 
M, 1 . Baylies said, that, although Captain Duncan had not received express 
orders from his Government to break up that establishment, yet, this act 
was a consequence of the general instructions to all our naval Commanders, 
in whatever part, to protect American Commerce he had dislodged Vernet 
and his followers, who had attacked and committed repeated depredations 
on our commerce, in just conformity to those instructions and that it was 
after this proceeding was made known .to the Government of the United 
States, by official despatches from that Commander, that he (M*. Baylies) 
received express orders to justify those proceedings that this he has been 
prepared to do, whenever called upon for explanations in regard thereto, 
by this Government and would have done so at an earlier period, had he 
so been called upon. Here the Minister being seized with a violent fit 
of coughing, and declaring himself quite indisposed, H. E. proposed that the 
Conference should terminate for to day, to be renewed at an early convenient 
time at the same time suggesting that, as a note of it was to be recorded 
on the Minute-book of the Department, it should be previously submitted, 
and to be signed by both parties, from day to day, as the Conferences might 
take place. M. 1 . Baylies having expressed some objections to this being 
done before the Conferences should be finally concluded, His Excellency 
stated that it had been customary here to conduct negotiations often in 
this way as had been done with Lord Ponsonby, the British Envoy, and 
others. It was then agreed that the Conference should be renewed in the 
course of a day or two M* Baylies requesting it might be clearly understood, 
that, although he had consented, in a spirit of frankness and peace, to meet 
H. E. in the present conference, yet, it must be considered that his request 
for his passports was not withdrawn he had written to the Commander of 
the U. S. ship Warren, at Montevideo, who was now hourly expected to 
arrive here, to receive on board himself and family. The Conference then 
ended for the day, we took our leave, and this minute was made immediately 
on our return home. 



158 PART II : COMMUNICATIONS FROM ARGENTINA 

80 

Manuel Vicente de Maza, Acting Minister of Foreign Affairs of Argentic 
Francis Baylies, United States Charge d 'Affaires at Buenos Aires J 

[TRANSLATION] 

BUENOS AIRES, September j, i#j 

The Government, surprised at the Charg d' Affaires' return of the ( 
of Report, on the i8th. of August ultimo, 2 as well as by his manifestatk 
his having been sent to justify the acts of Commandant Silas Dur 
at the Falkland Islands; and that he could not stipulate for reparatio 
for which he was not authorized ; and that his continuance near the Goi 
ment of Buenos Ayres could not now be useful to his Country ; the Ui 
signed was directed to anticipate the answer with a few conferences, a; 
most easy and expeditious mode of explaining any misconception 
might have caused the aforesaid return of the Report, and that, perl 
might have influenced the resolution of the Charg6 d'Affaires in. askin 
passport: The conference having taken place on the 27th. of the f 
month 3 although the Undersigned proposed to the Charg d'Affc 
that it would remain open for another day as His Honor objected, c 
wards, to its being taken down in writing, in order to leave evidence of 
might there occur the Undersigned, having informed his Govern: 
of this, has received orders to make known, as he now does, to the C3: 
d'Affaires, that, in such case, it not being possible to proceed in a ce 
manner towards the happy termination of this affair, H. E. has deem 
convenient not to repeat it; and, consequently the Undersigned annexe 
passport requested by the Charge d'Affaires, with regret at not being 
to please the distinguished guest from a sister Republic ; in the hope tha 
Government of Washington, sensible of the insult and of the outrage 
to the dignity and honor of an independent and friendly nation, will fee 
duty, imposed on it by justice and its own dignity, to make reparation 
indemnification, with promptitude, for the real damages and injuries ca 
by an officer of their navy. 

In doing this, the Undersigned has the honor to communicate tc 
Honor, that the orders requested by him for the embarkation of his p< 
and equipage, have been issued, and he can protest to him on this occ 
the professions of sincere respect and high consideration with which h 
lutes him. 

1 Despatches, Argentine Republic, vol. 4, enclosed with Baylies to the Secrets 
State, No. 9, September 5, 1832, below, this part, doc. 81. 

2 See note of that date, above, this part, doc. 77. 

3 See minute of the conference, above, this part, doc. 79. 



DOCUMCENTSi : SEPTEMBER 5, 1832 159 

81 

Francis Baylies, United States Charge d' Affaires at Buenos Aires, to Edward 
Livingston, S&cretary of State of the United States 3 

[EXTRACTS] 
No. 9 BUENOS AIRES, September 5, 1832. 

SIR: As no merchant vessels sail from here for America in less than three 
or four weeks I shall embrace the first opportunity after my arrival at Rio 
de Janeiro to transmit the following Triplicates. . . . 

I also forward the following Originals. 

1 Despatch N? 9. whicli is this letter. 

2 Notes of a conference with the Provisional Minister of Foreign Affairs 
taken by John D. Mendenhall and Francis B. Stockton, Witnesses and 
Interpreters. 

3 Copies of the depositions of William H. Folger Captain of the Brig 
George Washington, S. KH. Tebbets and George A. Dillard relating to a 
despatch supposed to have been suppressed. 

4 Note from the Provisional JMinister of Foreign affairs with a transla- 
tion accompanying the Passport and dated September 3d. 1832. 

After passports had been asked, I received a note from the Chief-Clerk 
in the Department of Foreign Affairs who waited on me in person proposing 
a conference to which I assented, but it was deferred several days on account 
of the indisposition of the Provisional Minister of Foreign Affairs. His 
Excellency, having recovered, I waited on him by appointment on the 27th 
of August. Mr J. D. Mendenhall who has always acted as interpreter, 
and Mr Francis B. Stockton of the Navy who has a critical knowledge of the 
Spanish language, were present; the result of the conference may be found 
in their notes which agree substantially, Mr Stockton's being more con- 
densed than Mr Mendenliairs. 2 In consequence of a sudden return of 
the Minister's illness the conference was broken off, with an understanding 
that it should be renewed -whenever His Excellency's health would permit 
the request for passports was not to be considered as withdrawn ; but on the 
3d. instant I received the passport accompanied with a note which is trans- 
mitted with the translation. 3 

I wrote again to Captain Cooper Commander of the Warren who has 
remained at Montevideo more than a month, requesting him to return 
and receive myself and family on board his Ship and unless he does, my 
situation here will be very embarrassing, as no American merchant vessel 
can be ready for sea in less than a month. 

1 Despatches, Argentine Republic, vol. 4. 

2 See Mendenhall's report at>ove, this Part, doc. 79. Stockton's report has not been in- 

i^liir)o/"1 frtl- -f4la i-aacnn n-t'cj-on In +- 1-i o rloona --^Vi +V10* i= it- ic r<r\+ on full a o -fl-ilo rTM-\l-+- anrl rloee 



Affairs at Montevideo are settled as I think at least for seven or ( 
months, and I feel but little apprehension that any attempts will be n 
here on American property at present. I think this Government 
occasionally under the impression that the policy of the United States 
be changed at the opening of the next Congress, and that, when it is a; 
tained in the United States they have actually buckled on their armour, 
wrath will be deprecated by the sacrifice of Captain Duncan, the renui 
tion of all claims for indemnity, and the payment of a round sum as < 
pensation to the Pirate Vernet. 

I have received no communication from the State Department i 
April 3d. 1 and have no knowledge of the views of the Government resj 
ing the suspension of Mr Slacum: whether the depositions which I ] 
forwarded will account for this circumstance will be known when they r 
you. I received nothing by the George Washington excepting some p 
ages of newspapers and documents with their envelopes mutilated. 

I have the honour [etc.] 

P.S. September 6. The U-S.-Ship Warren Cap! Cooper has arrived 



82 

Manuel Vicente de Maza, Acting Minister of Foreign Affairs of Argentin 
Francis Baylies, United States Charge d' Affaires at Buenos Aires z 

[TRANSLATION] 

BUENOS AIRES, September 7, 183 

The Undersigned, Minister of Grace and Justice, charged provisioi 
with the Department of Foreign Affairs of the Argentine Republic, has 
the honor to lay before the Government the note of yesterday's date 3 ] 
M* Francis Baylies, Charge d'Affaires of the United States of North A: 
ica, communicating his having appointed and commissioned George 
Slacum as private Secretary to the American Legation, and that he 
member of his Diplomatic family; and, although H. E. does not discover 
appointment to be of that public class which ought to be announced to 
he cannot suppress the astonishment which the election has caused hi] 

M z . the Charg6 d'Affaires cannot be ignorant that MF Slacum, pursue 
the Magistrates of the Country for an offence which the laws of the Repi 

1 See above, this part, doc. 4. 

2 Despatches, Argentine Republic, vol. 4, enclosed with Baylies to the Secreta 
State, No. 10, September 26, 1832, doc. 83. 

3 Not printed. See below, doc. 83, note 2. 



DOCUMENT 83: SEPTEMBER 26, 1832 l6l 

condemn, even unto the last of punishments, has eluded the searches of the 
Police, by taking refuge under the privileges of His Honor's house, where he 
remains, accessible to his friends. 

After this event, the Government of Buenos Ayres, which is not ignorant 
of the latitude of the rights of its authority in the case of M 1 . Slacum, nor of 
the limits of the immunity of the residence of a foreign public Minister, be- 
lieved that it merited from M? the Charge d'Affaires of the United States 
that respect which is inspired by a conduct excessively liberal, and that it 
would have been understood, that, however serious were its complaints 
against the conduct of M? Slacum, the principles of moderation and tem- 
perance, alone, prevailed in the mind of the Government. But if M? the 
Charge d'Affaires has not made himself acquainted with the circumstances 
in which, unfortunately, MT Slacum is still involved, the Government orders 
the Undersigned to declare to him, that its own honor forbids that it con- 
sider M? Slacum in any other character than that of a violator of the laws of 
the Republic, protected in the house of the public Minister of a friendly 
Nation. 

The Undersigned has the honor to salute M? the Charge d'Affaires of the 
United States of North America, with his highest consideration. 



83 

Francis Baylies, United States Charge d'Affaires at Buenos Aires, to Ed-ward 
Livingston, Secretary of State of the United States ] 

UNITED STATES SHIP Warren, 
No. 10 Rfo DE LA PLATA, September 26, 1832. 

SIR: I have the honour to inform you that I have embarked in the Warren 
which ship is about to proceed to Rio de Janeiro, and am now on my passage 
down the river, and shall endeavour to reach the United States with all pos- 
sible despatch in company with Mr. Slacum who is now with me. 

I forward by Mr Francis B. Stockton the Purser appointed to the Peacock 
who returns to the United States, and who may possibly arrive before me 
a package which has been under seal some time waiting a conveyance en- 
closing sundry documents. triplicates duplicates and originals. 

Also the following original copies in another package viz. 

1. Correspondence between Mr. Irigoyen the Chief-Clerk in the Depart- 
ment of State and Mr. Slacum. 

2. Note to the Minister of Foreign Affairs announcing the appointment 
of Mr Slacum as my private Secretary and informing him that he was a 
member of my diplomatic Family. 2 



1 62 PART II: COMMUNICATIONS FROM ARGENTINA 

3. Note of the Minister of Foreign Affairs in reply with a Translation. 1 

4. Translation of a decree of the Government respecting the occupation of 
the Falkland Islands and the appointment of a new Governor. 2 

5. Despatch No 10 which is this letter. After the receipt of my passport I 
remained no longer than was necessary for the arrangement of my private 
affairs and to secure the safety of Mr Slacum. 

I have endeavoured to pursue as nearly as I could the instructions of 
the Department. 

On my arrival I found the execution of those instructions partially an- 
ticipated by Mr Slacum, Captain Duncan and Commodore Rodgers. 

I was directed to obtain a disavowal of the acts of Vernet, but to make 
known to the Government of Buenos-Ayres the amicable disposition of the 
Government of the United States. 

The acts of Vernet had been avowed by this Government in their cor- 
respondence with Mr Slacum, and the questions in dispute were thus brought 
to a direct issue between the two Governments. 

Capt. Duncan had broken up Vernet's establishment at the Falkland 
Islands. 

The amicable disposition of the United States had been abundantly mani- 
fested in the course pursued by Commodore Rodgers, inasmuch as he saluted 
the authorities on his arrival; made a friendly visit to the Governor; 
professed in official communications his earnest & anxious desire to main- 
tain peaceable relations with this Republic and even surrendered men 
guilty of the most flagrant acts of violence and piracy on the persons and 
property of American citizens, and amongst others the infamous Brisbane a 
British subject the chief instrument of the piratical atrocities of Vernet. 

This peaceful conduct was not reciprocated although every thing was done 
short of national humiliation to soothe & conciliate a Government who vir- 
tually acknowledged themselves to have been the aggressors in a system of 
outrage, by sustaining Vernet and after this strong manifestation of a con- 
indicated. The correspondence between Irigoyen and Slacum regarding the same matter is 
also omitted. It merely led to Baylies' note of September 6 to the Foreign Minister. 

1 See above, this part, doc. 82. 

2 The following is the translation of the decree, of the Department of War and Marine, 
Buenos Aires, September 10, 1832: 

The Political and Military Cpmandant of the Falkland Islands and their adjacencies 
in the Atlantic Ocean, Don Luis Vernet, being now in this Capital, and not being able 
yet to return, the Government of Buenos Ayres has resolved and decrees: Article i. 
In the interim, Brevet Sergeant Major, Jose Francisco Mestivier, of the Artillery, is 
appointed Civil and Military Commandant of the Falkland Islands and adjacencies 
in the Atlantic Ocean. 

Article 2? Let it be communicated through the Department of War and Marine, 
charged with carrying into effect and publishing this Decree; and by the same Depart- 
ment let the instructions agreed upon be given to Sergeant Major Jose Francisco 
Mestivier. 

ROSAS, 

JUAN RAMON BALCARCE. 



DOCUMENT 83: SEPTEMBER 26, 1832 163 

ciliatory spirit the Dictator Governor of this Province in his official mes- 
sage to the House of Representatives on the eleventh of May last is made 
to speak this language. ' ' Notwithstanding the good understanding which 
the Government has endeavoured to preserve with the friendly states, an 
unfortunate event has occurred in the Island de la Soledad which has excited 
the indignation of the Government, and of all the citizens of this Republic. 
The commander of the United-States ship of war Lexington, violating the 
most sacred principles of the law of nations, and in the midst of the most 
profound peace, destroyed our establishment by force of arms. The Gov- 
ernment however have resolved firmly to sustain their rights ; well persuaded 
that that of Washington are not capable of approving an act so scandalous, 
and that their moderation and justice will impel them to give satisfaction 
becoming the dignity of the two Republics ; they have resolved to await the 
arrival of the Minister who according to certain intelligence may be soon 
expected in this City, to treat upon this important business, and they propose 
to obtain reparation for this paramount injury by these pacific means, which 
probity, good faith and sound reason suggest." 

By this public declaration of the Dictator Governor, the Argentine Re- 
public was made the injured party, and the prior aggressions on American 
commerce and American Citizens were unnoticed. This absolute assump- 
tion of the right to capture American fishermen precluded one of the parties 
at least from a candid and dispassionate discussion of the question. it was 
prejudged, and a position was assumed which left to the United States no 
hope of redress and no option but humiliation. 

Such was the situation of affairs on my arrival. The people had been 
taught to believe that I came to offer atonement for the injured honour of the 
Argentine Republic and of Louis Vernet. I deemed it right to dispel this 
delusion, and therefore as soon as practicable I addressed to the Minister of 
Foreign Affairs the note of June 20th, 1 in which I endeavoured to set forth 
those acts of Vernet for which I was instructed to demand reparation those 
acts were notorious they were avowed and a captured American vessel 
was then lying before the City yet. 2 I was told that explanations should 
be asked of Vernet, and there was an evident design on the part of the Gov- 
ernment to confound the aggravations with the acts, this, induced me to 
address a distinct enquiry to the Government to ascertain whether the right 
to capture American vessels and to inflict penalties on American citizens 
engaged in the fisheries on the coasts included in the decree of the loth of 
June 1829 was claimed by the Argentine Republic The reply was evasive 
and mystefied the design of escaping from the main question and of making 
stand on immaterial circumstances was still apparent. 

Sensible of the anxious desire of the Government of the United States to 

1 See above, this part, doc. 60. 

* This strange punctuation faithfully follows the original. 



maintain the relations of peace with this wayward people, I did not e 1 
press the restoration of Mr Slacum the Consul, whose functions had b 
suspended in a most irregular and violent manner I barely suggested 
propriety of removing the impediments to their exercise, until the views 
the American Government could be ascertained. On this subject 
Government were silent. 

Although this Government had countenanced the original aggressions, < 
had even attempted to cover acts apparently piratical with their offi< 
shield, and on common principles should have been holden in the first 
stance to make their justification clear and conclusive yet I even wa - 
that advantage, and undertook to shew that they had not the rights wh 
they claimed and made known to them in the same note, 1 and in the v 
words of my instructions the amicable sentiments of the President of 
United States. 

After the interval of a month I received the insolent reply dated Aug 
I4th. 2 . accompanied with a memorial from Louis Vernet, which was 
turned without being read, and without comment. 

The Government having positively refused to treat or to discuss any qi 
tion until reparation was made to Louis Vernet his band of pirates and 
Argentine Republic, no course was left for me but to demand my passpo 

The Conference followed at the request of the Minister of Foreign Affa 
it was suspended at his request with an understanding that it should 
renewed he sent the passport, and terminated the negotiation. 

With respect to myself personally the Government had neither the libe 
ity or magnanimity to separate my private from my public character, ; 
having offended them in my official capacity by refusing to lay at their J 
the humiliating apologies which they chose to require from the Uni 
States, they adopted a system of petty insults and vexations indicatin 
spirit alike mean and malignant. 

The decree investing Don Jose Francisco Mestivier a Frenchman with 
Government of the Falkland Islands 3 &c was as I believe intended a 
parting salute to me. The Government had not the sagacity to perce 
that the decree was not only inoperative as to the United States but wz 
direct denial of the British claim of sovereignty. 

On this subject I had a long conversation with Mr Fox the British Mini; 
and informed him distinctly that nothing was claimed by the United Stc 
in the Magellanick region, but the right of free fishery, and that right wo 
always be claimed as well against Great Britain as Buenos-Ayres an 
took the liberty to ask him whether Great Britain after giving notice to 
United-States of her rights to the sovereignty of the Falkland Islands, ; 
formally asserting her claim to them as a part of his Brittanick Majesi 

1 The one dated July 10, 1832, above, this part, doc. 67. 

2 See above, this part, doc. 76. 3 See above, this part, doc. 83, note 2, p. 16 



DOCUMENT 84: OCTOBER 13, 1832 165 

dominions, could, under such circumstances, justify herself for permitting a 
horde of pirates to harbour there for the purpose of annoying the commerce 
of the United-States if it was permitted, the United-States would certainly 
have much reason to complain of unfriendly treatment. 

He assured me that he was preparing and should present a remonstrance 
in strong terms against the second occupation of these Islands by these 
intruders, which doubtless has been, or will be done. But the armed 
vessel called the Sarandi sailed on the 23d it is said for the Falklands with 
arms, ammunition and soldiers, apparently with the design of taking formal 
and military possession. 

This measure will compel Great-Britain to act decisively. If she now 
renounces her sovereign rights she will do what she never yet has done 
she cannot yield a right of a character so high and so well founded as hers, to 
this petty nation to be used for the purposes of piracy. 

I am inclined to think that the services of Captain Duncan will not be 
required in the second subversion of Vernet's establishment. 

Under all these circumstances there is but one course left for the United- 
States. They will certainly be justified by the whole world if they now 
make their power known in the chastisement of this insolent Government 
which elated by the accidental capture of two British armies on their soil, 
and their success in the war with Brazil, affect to hold the United States in 
contempt. They must be compelled to respect our rights there is no al- 
ternative. 

The archives and library of the Legation and the Consular documents and 
papers are on board the Warren. 

I have the honour [etc.]. 



84 

Manuel Vicente de Maza, Acting Minister of Foreign Affairs of Argentina, to 
Edward Livingston, Secretary of State of the United States x 

[TRANSLATION] 

BUENOS AIRES, October 13, 1832. 

The Undersigned by order of his Government, has the honour of trans- 
mitting to the Secretary of State of the United States, the series of corre- 
spondence with M r Slacum, since the arrival here of the schooner Harriet, 
and the unexpected attack made by the Lexington sloop of war, under the 
command of Captain Duncan, upon the settlement at Soledad, in the Falk- 
land islands; as also with M r Baylies, the Charge" d' Affaires of the United 
States. 2 



The Government of Buenos Ayres jealous of the rights of the Argei 
Republic, and anxious to preserve a good understanding with friendly 
neutral nations, saw with pleasure, that the President in his message o 
6 th of December last, announced the despatch of a minister to this place 
hope was entertained, that the occurrence mentioned above would b 
vestigated near the spot where it took place and the grounds upon whic 
Government based its claim for Indemnification would be impar 
examined. 

However whether it be that improper means had been used to prej 
the mind of M T Baylies or that he was confined by his instructions, in: 
of smoothing the way to adjustment by a fair and attentive considerati 
the point proposed by this Government as preliminary to the questions i 
in the first note, he at once closed all the avenues to accommodatic 
honourable and reciprocal terms by declaring that he had been sent to ji 
the proceedings of Captain Duncan and not to treat about indemnific 

The Government seeing its claim thus set aside and the unanimous wi 
the Nation disappointed by the departure of M r Baylies now finds 
under the necessity of communicating directly with the Cabinet of Was 
ton through a Minister who will be charged to obtain that claim and to c 
the errors which may exist with regard to the proceedings of Captain Du: 
It will moreover be his duty with due re[gard for t]he l rights of the Rep 
and of its citizens to establish the bases of intercourse and mutual 
understanding. 

The Government of Buenos Ayres hopes in the mean time that an e: 
nation of the documents contained in the pamphlet 2 herewith transrr 
will correct the opinions of the President of the United States, and ths 
hering to the principles of a liberal and enlightened Nation he will dc 
justice to the Argentine Republic which it considers itself as deserving a 
necessary to its honour and to the preservation of those rights and immu 
which it claims as an Independent State. 

The Undersigned seizes this opportunity to express to the Secreta 
State & c . 

1 The portion between brackets has been supplied, having been clipped from the : 
script, apparently in preparation for binding. 

2 The pamphlet bound in the volume with this note is printed in Spanish, covers fr 
one-half double-column pages, is dated at Buenos Aires, April 21, 1832, and signed by \ 
that is, his name is printed at the close. 



DOCUMENT 8 5 : JANUARY I, l8 33 Jfi 

84a J 

/ Foreign Affairs of Argentina, to 
ate of the United States 2 

BUENOS AIRES, December 20, 1832 

The Undersigned Minister &c has received orders from his Government 
> inform rhp 5Wr*+ar<ir /-vf c+^.<-~ ^r o.i._ TT -.. . , ^^vcrument, 



delay, to the place of his destination 

The Government has decided upon this Mission, in consequence of the 
<ting state of the diplomatic intercourse between the two countries and 
ie breaking off of the negociation begun at Buenos Ayres, by M' Bavlies 
.msidermg that it would be the most effectual means, of avoiding many dif- 
culties wrnch might otherwise arise, and prevent that frank and liberal 
)urse of conduct from being pursued by the high Authorities of each country 
.wards those of the other, which is so essential to the interests of all 

His Excellency hopes that this will serve to demonstrate to the President 
: the United States, that the system adopted by Buenos Ayres, is entirely in 
:cordance with those principles, which can alone secure and strengthen that 
x)d understanding between the two Nations, which has been shaken by the 
,te unforeseen and unfortunate events, without derogating from the just 
aims of either 

May God preserve the Secretary of State many years 



85 

'rands Baylies, ex-Charge d' Affaires of the United States at Buenos Aires, to 
Edward Livingston, Secretary of State of the United States 3 

o- J2 WASHINGTON, January i, 1833. 

SIR: In the account of the conference between the undersigned as Charge* 
'Affaires of the United States and the Provisional Minister of Foreign Affairs 
t Buenos Ayres, as stated by himself, that Minister asserts that he informed 
xe that the Memorial of Luis Vernet addressed to his Government made an 
itegral part of the communication made to me of date August 14 4 "and 
as the same thing as the note." Had I supposed that Vernet was the real 
linister of Foreign Affairs at Buenos Ayres I should have read his memorial 

1 Due to late discovery of this document in the files of the State Department, the num- 
;r 84a was given to it. 

2 Notes from the Argentine Republic, vol. I. 

3 Desnatches. Argentine Reoublic. vol. a. A brief letter written at Baltimore on 



and replied to it. But if my attendants interpreted aright no such asserl 
was made to me. Nevertheless as that memorial is now avowed by t 
Government, and has been communicated to this in a printed book, 
which however I did not obtain possession until yesterday) I think it prc 
to call your attention to some assertions in that Memorial which would si 
that possession was taken of the Falkland-Islands, in behalf of the Argen 
Republic, formally. 

The Memorial sets forth that "in 1820 the Government of Buenos-A] 
entered upon formal and solemn possession of the Falkland Islands by the 
of Daniel Jewett Golonel of Marine. When this person arrived at Sole 
there were in that port and scattered among the Islands more than i 
foreign vessels, I will name some of them (here follow the names of 
English and nine American vessels) " all these vessels were occupied in 
ing, and even killed the cattle of the Islands carried there by the Spank 
from Buenos-Ayres In presence of all the vessels anchored in Sole 
Jewett took possession under a salute of 21 Guns. Jewett treated e\ 
person with urbanity and passed to them a written notice of possession 
the Republic, and of prohibition to fish on the Islands and to kill ca 
under the penalty of being detained and sent to Buenos-Ayres for trial. 

In a publication of this same Vernet in the "Gaceta Mercantil" a sc 
official paper in February last, he says moreover "that possession was ta 
with the assistance of Captain Weddell an Englishman who aided in 
ceremony. He heard the act of possession which he read, under the fla 
the Republic and the salute of 21 Guns which was given, which act was 
thorised by Brevet Col. David Jewett at that time Commander of the 
tional Corvette Heroine in the service of this Republic." (In the Mern< 
Jewett is called "Daniel " in the Gaceta "David", the same person is inter 
unquestionably) . 

That you may understand the true character of the National Cor 
Heroine and her Commander Brevet Col. Jewett, I transmit a copy 
document which came into my hands at Buenos-Ayres, of the auti 
ticity of which I have no doubt, and I will take the liberty to lay be 
you a compendium of the contents. 1 

1 The following private letter from Baylies to Secretary Livingston, of the same da 
this despatch, January i, 1833, also found i n Notes from the Argentine Republic, vol. <. 
plains how the document, a report of judicial proceedings of a Portuguese Prize Court, < 
into his hands; and the document, enclosed with Baylies' No. 12 to the Secretary of S 
follows the private letter: 

DEAR SIR: The document which I have transmitted to you with the despatch 
12. was obtained through the intervention of Mr Slacum from John Wyatt Lt of Ma 
on board the Heroine. Wyatt is now at Buenos-Ayres conducting himself repui 
although formerly in danger of being hung as a Pirate. Although I am under no re 
tion as to the exposure of his name yet I could wish unless it is necessary that it si 
be disclosed, that it might be concealed. 

Jewett Pirate as he is, having a deadly quarrel with the Govt of Buenos Ayre 
on our side, and has giving [given] Captain Duncan much valuable informatioj 
specting the waters of the Rio de la Plata and the best mode of annoying Buenos- 1 



DOCUMENT 85: JANUARY I, 1833 169 

The National Corvette Heroine mounted 28 Guns and was captured on the 
2Oth of March 1822 by the Portuguese Frigate Pezola, and carried to Lisbon 
for trial. 

The proceedings in the Portuguese Court shew that from her papers she 

in the event of a naval war. He is now in the service of Brazil and was born in Connecti- 
cut. Mason the other commander of the Heroine an Englishman is now at Buenos- 
Ayres a rich man having escaped punishment as a Pirate as I have understood through 
the interference of Sir Edward Thornton. 

John H. Duffy an Irishman was put on board the Maypie the captured Spanish prize, 
as one of the Prize masters returned to B. A. was taken into the Family of the Hon. 
John M Forbes and was made private Secretary to that Gentleman, -in which capacity he 
remained about four years, and is now said to be supported and patronised by John C. 
Zimmerman. 

Vernet states in his Memorial that a grant of the fisheries from the Coast of Patagonia 
to the Falkland Islands was made by the King of Spain in 1792 to a Company who 
made an establishment at Port Desire. 

I have a document in my hands which shews 

1st. That in 1808 the American Brig Litler of Boston Capt Bucher was actually 
occupied in the seal fishery on the Patagonian Coast during the old Spanish dominion in 
S. America. 

2d. That he was not only not interrupted in that occupation, but was remunerated 
for the loss, which he represents he incurred by the temporary suspension of it, when 
employed with his vessel, by the Spanish Authorities, to go to San Jose & Port Desire. 

3*? That the Spaniards were unable to hold Patagonia against the Aborigines the 
Garrisons of San Jos6 and Port Desire could not maintain themselves against them, & 
were brought away in the Litler. 

If you think this document will be of any service to the Government, I will copy, and 
transmit it to the Department. [This was requested in a brief instruction of April 1 6, 
1833, and sent with a reply of April 23, which see below, document 88.] 

Respectfully Yours. 

Judicial proceedings with various documents connected with the trial of the Corvette Heroine, 

at Lisbon 

Copy of the sentence preferred by the Portuguese Auditor General of Marine at 
Lisbon, condemning as prize the Buenos Ayres Corvette of War Heroine commanded 
by Captain William Robert Mason, mounting 26 eighteen pounder cannonades, and 2 
long brass 24 pounders; which was captured off Cape Spartel by His Most Faithful 
Majestys Frigate Perola at 8 O'clock A. M. on the 2Oth day of March 1822. 

Having seen the official papers a folio 38, from Captain Manuel Pedro da Cuntra 
Maldonado Athaide Barahona Commander of the Frigate Perola, an act of declaration 
made in this Magistracy by the said Commander, upon the taking of the Corvette 
Heroine, and filed ex folio 9 summary proceedings ex folio 60, questions attached to the 
same &c. it is verified and seen by the depositions of the witnesses questioned by the 
Portuguese Consul at Gibralter, on suspicion that the Corvette Heroine had been the 
same that seized the Portuguese ship Viscondesa do Rio Seco. In consequence of 
which an order was issued to the Commander of the Perola to conduct the Heroine to 
the Port of Lisbon when she sailed from Gibralter; the execution of which order has 
been realised, the Corvette being captured in the latitude of Gibralter on the morning 
of the 20th of March 1822 in pursuance of the measures adopted by the Captain of the 
Perola, as is manifested in his official communication a folio 38. 

The Commander of the Heroine, William Robert Mason, declared to the judicial 
questions which were asked him on board the same Corvette, that the legitimate owner 
of her was the Government of Buenos-Ayres, and the commission under which she 
was sent to Sea in April 1820, consisted in cruising and apprehending all vessels belong- 
ing to the enemies of that Government, receiving from him the instructions of folio 12, 
annexed to a document, lettered D, with a reccommendation to follow the other In- 
structions printed by order of said Government in the year 1817 annexed to folio 12. 



170 PART II: COMMUNICATIONS FROM ARGENTINA 

appeared to be a national vessel belonging to Buenos-Ayres and commissio 
to cruise against the Spaniards, but 45 of her crew "spontaneously" < 
fessed that her employment was piracy "plundering all vessels she cc 
overhaul." 

as an act of propriety and authorization for cruising, passed in the name of the Supi 
Director of the United Provinces of South America, the first written in French anc 
other in Spanish, furnished to the former commander of the Heroine (David Jewett 
the 1 5th January 1820, and by him endorsed or transferred to the actual or pre 
Commander, Mason, on the 22d. April 1820, which papers declare expressly, thai 
Heroine is a man of War belonging to Buenos-Ayres, and that she is destined to A 
war against the Spanish flag, imposing an. obligation on the Commander to avoid 
kind of abuse or disorder which could be committed on the High sea under the Bue 
Ayres flag: that he must reconnoitre on his cruise, all vessels of commerce or of 
sailing under the said flag, examining the legitimacy of their Commissions, if they ' 
valid, and the use which they had made of them also to reprimand and chastis 
species of excess committed in prejudice to the friendly or neutral flag. 

Forty five men, however, of the prisoners spontaneously confessed to the quesl 
registered in the document D, that this Corvette exercised the infamous traffic of pit 
plundering all vessels she could overhaul, as is proved in the same Document D. whe 
is specifically declared that the Heroine having fallen in, on the beginning of the mi 
of August 1820, in the latitude of the " Ilha das Flores" with the Portuguese ship 
lotta, coming from Bahia, with a cargo from Lisbon, she captured her after two h< 
combat, transferring the Carlotta's crew to the Heroine, where they were confined 
days in irons, until they were put on board of a vessel bound to the Island of Fl 
from Fayal, in which act the pirates robbed two watches from the crew of the said ve 
which is also proved by the summary proceedings of folio 62 a 67 ; and after sttscita 
some inquiries relative to the taking of the Carlotta, part of the crew of the Her 
saying they had not come to make war against the Portuguese flag, the Command' 
the Heroine David Jewett, classed this proceeding of his crew as a mutiny, and ord 
two officers and four seamen to be shot on one Sunday morning; the same persons 
declared that the Carlotta, after having sailed some time in company with the Hen 
was lost, and foundered in a storm. It is further shewn that during the time the Her 
was anchored in the Falkland or Malvina Islands, about the end of the year i82C 
American Schooner entered the harbour where she lay, when the Pirate immedia 
remitted her with her Cargo to Buenos-Ayres, consigned to Mr Lynch; and that or 
1 3th or 1 4th of June 1821 , in the seas of Cape Frio she captured the Spanish brig of 
Maypie, armed with 16 Guns and too men, bound to Cadiz from Lima, loaded 
money, which cash was immediately taken out of the Maypie and carried on boarc 
Heroine. They afterwards manned the Maypie with a fresh crew, and sailed toge 
in company robbing; that on the xyth of June last the Heroine gave chase to 
Portuguese brig, Infante Dom Sebastiao in the same latitude of the seas of Cape 
between 10 and 1 1 0' Clock with all sail set for her, firing one musket and eight discha 
of great guns, but not being able to overtake her (owing to her superior sailing) 
down afterwards on a Portuguese ship which was under sail to leeward, which is pr< 
by the summary proceedings, folio 60; that in the latitude of the Island of St. Vin 
a Portuguese Captain of a schooner going on board the Heroine brought with hi 
slave, and this Captain, while in the Cabin much entertained (on purpose) by an oi 
of the Heroine, the Commander (Mason) ordered a noose to be thrown over the nee 
the slave, and suspended him to the height of a yard and a half, in order to make 
discover where his Master had stowed his money when finding that he said not! 
and was almost choaked or smothered, he commanded to unloose him him and to tl 
water on him to recover himself. _ That on the 1 2th day of July 1821, in the latituc 
Bahia, he took the Portuguese ship Viscondesa do Rio Seco, which some time after 
conducted to the Island of St Vincent, where the Pirates passed on board the Hei 
the mainmast, sails, dispensary, cooks boilers, compasses, some tobacco, muske 
swords, divers casks of spirits and other articles disposing of the Hull, and passing 
remainder of the Cargo, viz, 3000 fanegas of salt, 2808 rolls of tobacco, and 95 11 



DOCUMENT 85: JANUARY I, 1833 I/I 

Her first commander was David Jewett her second William Robert 
Mason. 

In the month of August 1820 Jewett being commander, she captured the 

Portuguese ship Carlotta after a fight of two hours. The whole crew of the 



an obligation not to carry in the Hunter passengers or letters to Buenos Ayres, as is seen 
in the document exfolio 6 of letter C, being much to lament that all this should be prac- 
ticed in a Port appertaining to this Kingdom, in the presence, and with the approbation 
of the Portuguese Governor. 

It is further proved that on the 8th day of August last, about 5 O' Clock A. M. to the 
southward of the Cape De Verde Islands the Heroine and Maypie sailing together, saw 
at the distance of two miles the Portuguese Brig of war " Providencia," when they made 
sail in chase, the Heroine making signals on her mainmast head for the Maypie to 
attack. She in consequence made sail for the Brig and commenced firing at II A. M. 
The engagement continued one hour and three quarters, in which the Maypie was ob- 
liged to retire on account of the destructive fire so valourously performed by the " Provi- 
dencia." It was then the Heroine made all sail to approach the Providencia, and at 
3 O'Clock P. M. commenced firing until towards night, continuing to chase her all night 
and finally the following circumstances ought not to pass unnoticed, viz: that the said 
vessels Heroine and Maypie, always when they attacked any vessel, hoisted the English 
flag, which they sometimes lowered, substituting some other after they began the en- 
gagement, or to secure vessels so attacked. That the actual commissions or appoint- 
ments of the Officers, seamen and soldiers, were all made and issued by their Com- 
mander Mason that the papers ex folio 9 a 12 presented by this Commander as an act 
of property and authorization for the Corvette to cruise, are false; that the same 
Corvette belongs to Patrick Lynch and partners of Buenos-Ayres and which they pur- 
chased of a French merchant, who employed her formerly in a commercial line; and 
afterwards that they equipped & sent her to sea, in the month of April 1820, since which 
time she has never been in Buenos-Ayres. 

The Commander of the Heroine being asked why the Carlotta was taken, said she 
was made a prize by the Heroine before he commanded that Corvette, and that he took 
the "Viscondesa do Rio Seco" for being armed without a license and employed in the 
slave trade; that he sold her hull and sent her Cargo to Buenos-Ayres, in consequence 
of her not being sea-worthy; and that the commission he held authorised him to give 
chase to all vessels he might fall in with; and that the Government of Buenos-Ayres 
authorised him also to nominate or appoint the whole of his officers, but did not bring 
this written authority with h|im, not conceiding it necessary. 

Even supposing the Corvette Heroine to belong to the Government of Buenos Ayres, 
or to any private individual authorised to arm her, & was appointed to wage war against 
the enemies of the Republic; notwithstanding all this, there is no doubt of her being a 
pirate and not a legal privateer, in virtue of the facts proved in the process: because, 
all and every prize she took ought to have been competently tried and condemned, be- 
fore any person should be suffered to touch any of the cargo, except in cases of extreme 
necessity circumstances that never were observed by him at the capture of all vessels 
he made, which is in direct violation of the instructions printed by the Buenos-Ayres 
Government in 1817, and which the Commander of the Heroine was ordered to observe. 
Against these Instructions he always acted; because, in taking the Maypie he immedi- 
ately disposed of her important cargo; independent of any other formality than his own 
will, he took and robbed Portuguese vessels, whereas, he confesses that the United 
Kingdoms of Portugal and Brazil are considered as friendly with Buenos-Ayres, pre- 
tending the cause of the taking of the " Viscondesa do Rio Seco " that of her being armed 
without a license and employed in the slave trade; the same as he pretends the sale of her 
hull and the transmission of her Cargo to be owing to the incapacity of her performing 
the voyage circumstances evidently groundless and false; because the ship "Vis- 
condesa do Rio Seco" was furnished with a regular passport (of page n) given at the 
Court of Rio-Janeiro, to proceed to the western coast of Africa, where the traffic of slaves 
was permitted to be carried on by the subjects of the United Kingdoms of Portugal 
and Brazil; and when the "Viscondesa do Rio Seco" was captured, she had been just 
before fitted out for the purpose, quite ready and capable of her voyage; and so far 
from her being in a bad condition to sail, that, having taken her on the I2th of July, he 



172 PART II: COMMUNICATIONS FROM ARGENTINA 

Carlotta were transferred to the Heroine and after being robbed of watches 
were confined in irons five days and then put on board a vessel bound to the 
Island of Flores. A part of his crew having remonstrated against this act, 
Jewett chose to consider this proceeding as mutinous, & ordered two officers 
and four seamen to be shot, which, however, does not appear to have been 
done. 

The Carlotta after sailing some time in company with the Heroine foun- 
dered in a storm. 

At the end of the year 1820 she [the Heroine] appears to have been at the 
Falkland Islands and while there captured an American schooner and sent 
her with her Cargo to Buenos Ayres consigned to Patricio Lynch. 

On the 1 3th & I4th of June 1821 near Cape Frio she captured the Spanish 
Brig of War Maypie of 16 Guns and 100 men bound to Cadiz from Lima, 
loaded with money which was transferred from the Maypie, to the Heroine, 
and the Maypie was manned with a fresh crew and both sailed in company 
"robbing." 

On the iyth June the Heroine attacked the Portuguese Brig "Infante Don 
Sebastiao" and after eight broadsides the brig escaped by superior sailing. 

On the same day she chased a Portuguese ship. 

Near St Vincent the Captain of a Portuguese schooner went on board the 
Heroine with a slave and while in the Cabin "much entertained," the slave, 
by order of the Captain of the Heroine was nearly hung, to induce him to 
disclose the place in which the Portuguese Captain kept his money. 

On the 1 2th day of July the Portuguese Ship "Viscondesa do Rio Seco" 

do Rio Seco " is the Commander of the Heroine's being informed she was going to traffic 
for slaves. And supposing^the "Viscondesa do Rio Seco" was taken legitimately, and 
was not capable of performing her voyage; why was it necessary for the Commander of 
the Heroine to enter into such a sinister contract with the Master of the Brig Hunter of 
London alluded to in folio 7, of letter C? By the same log-book it appears that all 
occurrences relative to the engagement with the Brig-Providencia have been purposely 
omitted, and a page, on the opposite side of the log-book left blank, to insert the occur- 
rences of the day following, gth August, which, manifestly proves that there are cir- 
cumstances in the chase and engagement, which the Commander of the Heroine did not 
find himself authorised to do. 

The result of all this is, a convincing proof that the Commander, officers & crew of the 
Heroine were pirates that infested the high seas, attacking the freedom of navigation. 
From these and apparent acts I adjudge the Corvette Heroine (captured by the Frigate 
Perola) to be a good prize, and her proceeds to be divided among the captors according 
to law. 

The testimonies of this summary annexed and questions oblige the 126 men composing 
the Heroine's crew (including commander and officers) to be imprisoned according to 
the names naturalization and employments. I appeal to the Court of Justice of the 
Admiralty. 

LISBON, April 30, 1822. 

MANUEL JOSE DE FIGUEREDO, Auditor of Marine. 

The total number of Officers & men composing the crew of the Corvette Heroine are 
126 viz: English, 42; Americans (U. States), 26; Spaniards, 6; Creoles, 26; Italians, 5; 
Prussians, 2; Dutch, 2; Swedes, 3; Russian, i; African, I; French, 10; German, i; 
Portuguese, 1 : 126 & 8 passengers. 

Officers' names: William Robert Mason, Commander; Henry William Parker, 
ist Lieutenant; John Burns, Henry Hutton, Timothy Bainard, Lieutenants; [etc.]. 



UUL-UJMLJiiN 1 O^: JAJNUAKY 1, 1O33 1/3 

as captured by Captain Mason which some time after was conducted to the 
sland of St Vincent, where the pirates passed on board the Heroine the 
lainmast, sails, dispensary, cooks boilers, compasses, some Tobacco, mus- 
uets and swords, divers casks of spirits and other articles, disposing of the 
ull and passing the remainder of the Cargo viz 3000 fanegas of salt 
'obacco Turpentine &c on board the American brig Alligator which con- 
ucted their goods to the Island of Boa- vista, where they were transhipped 
^ the English Brig Hunter of London; the Commander of the Heroine 
contracting with the Master of the Hunter to convey the said Cargo to 
luenos-Ayres and to deliver it to the freighter or his agent, with an obliga- 
ion not to carry in the Hunter passengers or letters to Buenos- Ayres." 

On the 8th of August near the Cape Verdes the Heroine and Maypie then 
icing in company, the Maypie attacked the Portuguese brig of war "Provi- 
lencia": the engagement continued one hour and three quarters and the 
Maypie was compelled to retire, when the Heroine resumed the action and 
:ontinued it until night, & chased her through the night. 

When the Heroine and Maypie attacked vessels they always hoisted the 
English flag which sometimes was lowered during the engagement. 

When Mason commanded, the appointment of officers &c were all made by 

limself. 

The proceedings find that the papers presented by Mason were false. 

1 ' That the same Corvette belongs to Patrick Lynch and partners of Buenos 
\yres, and which they purchased of a French merchant, who employed her 
brmerly in a commercial line; and afterwards that they equipped & sent her 
:o sea, in the month of April 1820, since which time she has never been in 

Buenos Ayres." 

Patrick Lynch in 1820 was of the commercial house of Lynch & Zimmer- 
man- John C Zimmerman now of the commercial house of Zimmerman, 
Frazier & C? of Buenos Ayres being his partner. 

"Even supposing (says this document) the Corvette Heroine to belong to 
the Government of Buenos-Ayres or to any private individual authorised to 
arm her, and was appointed to wage war against the enemies of the Republic; 
notwithstanding all this, there is no doubt of her being a pirate and not a 
legal-privateer, in virtue of the facts proved in the process. 

"The result of all this is a convincing proof that the Commander officers 
& crew of the Heroine were pirates that infested the high seas^ attacking the 
freedom of navigation." and the Auditor then adjudges the Heroine to be a 
good prize," and that the 126 men composing the Heroine's crew (including 
Commander and Officers) should be imprisoned. rema inder 

From a list of the crew it appears that only 26 were Creoles, the remainder 
befngTomposed of the people of various nations. ^ the officers and petty 
officers being 21 in number were from their names English, or Americans 
from the United States, with the exception of one. 



174 PART II: COMMUNICATIONS FROM ARGENTINA 

A copy of the correspondence of John Wyatt the Lieutenant of the '. 
rines, and Henry William Parker first Lieutenant of the Heroine both Br 
subjects with E. M. Ward Esq the British Charge d'Affaires and Sir Edv 
Thornton the British Minister at Lisbon, also came into my hands f 
which I take the liberty to furnish a few extracts. 

Wyatt in his petition to Mr Ward praying his interference states tha 
entered the Heroine at Gibralter was captured the day after he sailed, 
that he had been guilty of no act of aggression whatever, and had alrt 
suffered seven months' imprisonment &c. and draws a distinction betv 
his case and that of the others. 

The Charg6 in his reply says "It appears also from the report of H. 
authorities at Gibralter, that if the petitioner being as he states a Br 
subject, or any other British subject, did enter on board or embark in 
Heroine Corvette at Gibralter, they must have done so clandestinely 
without any license or pass from any British Authority; consequent! 
their own peril, abandoning the protection of their own Government for 
of the people of Buenos- Ay res." 

He then expresses some commisseration for his situation and says "w 
ever can be done to put an end to further delay in the administratio 
justice in this case will not be neglected. But the petitioner cannot bu 
that by voluntarily associating himself with the persons on board the K 
ine, he has placed himself in the predicament of being subjected to the s 
treatment with them until the time of trial." 

On the I4th. of August 1823 Mr Ward again writes to Wyatt regrel 
that he can obtain no decision on his case, and says "not having been pre 
at the commission of any act of violence, you ought not to be deemed gi 
of piracy; & your lengthened imprisonment has been a sufficient punishrr 
I think, for the imprudence you were guilty of in engaging in such a serv 
and promises to acquaint Sir Edward Thornton who was coming as Min 
with case. 

On the arrival of Sir Edward, Wyatt & Parker prefer a petition to 
couched in strong, feeling and eloquent terms. 

Sir Edward in his reply dated October 24th 1823 after informing the 
his interference with the Portuguese Government for their release says 
feels it his duty to inform them that he has been induced to take this i 
and to apprise the Portuguese Government that he does so on the sole gr< 
of humanity; for he would never lend his name, or that of the British Go^ 
ment in asserting the innocence or propriety of acts which they well km 
committed against the British flag, would have been long ago punished t 
ignominious death, and which they are pleased to say was done in the c 
of independencea cause which, if they are British subjects (as it is 
sumed they are) they were not called upon by their country to support, 



DOCUMENT 86: FEBRUARY, 1833 ! 75 

.gainst unoffending persons, their apparent education and understanding 
annot allow them to plead ignorance." 

On the 24th of May 1824 he informs them that he had obtained their 
>ardon. 



Such is the vessel and such the officers and crew on which Luis Vernet 
elies, as having taken formal and legal possession of the Falkland Islands 
n behalf of the Argentine Republic. 

If his memorial is to be considered as having been adopted by the Govern- 
nent of Buenos-Ayres as a part of the exposition of their right and title to the 
[slancls then it follows that the Heroine is considered by them as a national 
/essel and it is equally true that this national vessel of Buenos-Ayres was 
i common pirate infesting the high seas, and of the same character with 
"hose of the Barbary States, and incapable of securing to that nation, by any 
ict, any of those rights which are regarded as legitimate, by nations which 
respect the usages which form the law amongst civilized people. 

If on the other hand the assertions of Vernet are to be regarded as the 
assertions of an individual and not authorised or adopted by the Government 
Df Buenos-Ayres, then it follows that the commander & crew of the Hero- 
ine, being pirates, were as much the enemies of Buenos Ayres as of other 
nations, and surely it is impossible for them to avail themselves of the acts of 
such, to establish a legitimate title to any territory whatever. 

I have the honour [etc.]. 



86 

Francis Baylies, ex-Charge d 'Affaires of the United States at Buenos Aires, to 
Edward Livingston, Secretary of State of the United States x 

Private. WASHINGTON, February, 1833. 

DFAR SIR: As I suppose the new envoy from Buenos-Ayres will demand 
reparation and indemnity for the acts of Captain Duncan at the Falkland 
Islands, I have taken the liberty to throw into a loose form my notions 
respecting the manner in which such a demand should be met. 

All the assertions in the paper 2 are true The existing Government 
have repeatedly denounced the intrusive government under which the decree 
of the loth of June was issued as mutinous, and have recognised none ot their 
laws and decrees. Their shyness about acknowledging Vernet will be seen 
in the correspondence between the 2ist of Nov. and the 7 th of December 

immediately after this despatch since it is virtually a part of it. 



176 PART II: COMMUNICATIONS FROM ARGENTINA 

1 83 1. 1 It may then be asked why should they exhibit such pertinacity 
in sustaining Vernet? In my opinion they would have abandoned him with- 
out hesitation, had not the interest of some of the leading men in the Govt. 
been in a degree involved with his. 

A decree similar in its character to that of loth of June, which included 
the whole coast of Patagonia and authorised the exclusion of all persons from 
the fisheries there, had been obtained from the existing Government by Gen, 
Mansilla the Commander of the Army and the brother in law of Rosas the 
Governor, but in consequence of the difficulties growing out of Vernet's 
transactions it was suspended and has never been promulgated. Neverthe- 
less, the future interest of the Family is kept in view and a plan of piracy is 
prepared which will be carried into execution if the U.S. can be bullied into a 
compliance with their demands. An armed vessel is to be used which is to 
be commanded by one Sutton ah old sea-Captain from Massachusetts or 
N. H. whose son married Mansilla's daughter and a connection of a very re- 
spectable commercial house in New York well known in the fur trade is to 
have a share in the concern Vernet will eventually be compelled to relin- 
quish his claims on the Falklands which will become in some way or other the 
exclusive domain of the ruling family. Hence the strong effort to sustain 
Vernet. 

By sending Gen. Alvear here who is one of the Chiefs of the Unitarians 
and by making some changes in the Ministry to favour them, the Governor 
who is the leader of the Federals hopes to lull them into quietness, although 
he really hates them, and after securing the spoils will drive them from his 
councils. But in playing this game he may be outwitted and exposed. If 
the Unitarians gain any real power and influence by this manouvre they will 
not use it to uphold Vernet but to prostrate Rosas and they would not hesi- 
tate to attribute the whole difficulty with the United-States to his obstinacy 
if thereby they could disgust the people with his government and would claim 
credit for effecting an adjustment in any way. 

Nothing can be gained on our part by yielding to their demands, or by 
relinquishing our claim to indemnity for Vernet's acts although I should 
not be very pertinacious as to the amount of the damages. 

Excuse this liberty and believe me that I use it only in consequence of my 
anxiety that the great interests of our free fisheries should not be impaired 
in the slightest degree. 

I am [etc.]. 

[ENCLOSURE] 

The Government of Buenos Ay res having claimed of the United States 
reparation & indemnity for an act committed at the Falkland Islands by 
one of their Naval Commanders, the Government of the U.S. although 
they might with propriety previous to entering on the discussion of that 

1 See above, this part, docs. 41 et seq. 



DOCUMENT 86: FEBRUARY, 1833 177 

transaction, claim reparation and indemnity for previous aggressions on 
the commerce and citizens of the United States committed by an officer 
who is now avowed by the Government of Buenos Ayres, and which 
occasioned the subsequent act of which complaint is made: - 
yet to manifest their anxious desire to maintain those amicable relations 
which have so happily subsisted between the two Republics, they are 
willing (inasmuch, as force has been actually employed,) to explain 
the causes which induced the Commander of the Lexington to believe 
that he was justified in resorting to it for the protection of the rights of 
his countrymen. 

The decree of June roth. 1829 under which Luis Vernet as the civil 
and Military Governor of the Falkland Islands &c, claims the right of 
using force to expel American citizens from the free use of the fisheries 
described in the decree and which, previous to his interference, they 
were accustomed to use without molestation, was never communicated 
to the Government of the United States, or to their accredited agent 
near the Government of Buenos-Ayres. 

If this decree was considered valid common courtesy and common 
justice would seem to require that the fact of its existence should have 
been made known to the Government of a country whose citizens (deeply 
interested in the fisheries at the Falklands) were thus for the first time 
exposed to pains and penalties for transgressing regulations of which 
they had no legal notice; and many of them while pursuing their 
accustomed occupation found themselves arrested as criminals for 
violating laws of which they had no knowledge, and under an authority 
which was entirely novel to them. 

The decree was issued by a Government denominated by the existing 
Government of Buenos-Ayres ' ' a Mutiny "which was never recognized 
by them as legitimate whose members were not invested with office, 
either according to constitutional forms or by popular election, but as 
the existing Government have always declared, by an unconstitutional 
usurpation of power consequent on a Military Sedition consummated 
by the murder of the legitimate Chief -Magistrate of the Republic: a 
Government which was resisted in arms from the commencement of the 
usurpation, and that resistance continued until it was overthrown. 
The persons whose names are affixed to the decree have been considered 
by the existing Government as political malefactors, and as such have 
been banished from their country, are now in exile and were long betore 
the arrival of Captain Duncan at Buenos-Ayres. 

To shew the character of the Government under which the high au- 
thority to exclude the North-Americans from the fisheries at the Falk- 
land Islands to capture their vessels and imprison L their persons- -was 
assumed-and by whom Luis Vernet was appointed Civil and Military 
Governor of those Islands-the Minister of Buenos-Ayres is refer red to 
a decree promulgated by his Excellency Don Juan Manuel de Rosas 
?hen & now^he Governor and Captain General of the Province of 
BuenS Ayres, and dated March 16 1830, in which it 



uen , 

-every person who might be publicly considered as author, abettor or 
aSonrofice of this affair of December I, 1828, (the day on which this 



178 PART II: COMMUNICATIONS FROM ARGENTINA 

should be punished as guilty of rebellion," and the decree further en- 
acted that "all persons who either by word or writing, should manifest 
themselves in favor of the said meeting of December i6th, or any of the 
aforesaid outrages should be equally punished." 

The Commander of the Lexington having ascertained that force had 
been used against the persons & property of American citizens by an 
officer deriving his authority from this illegitimate source, and acting 
under his general instructions by which he was directed to protect such 
persons and property proceeded to the Falkland Islands. 

At this period Vernet had not been recognised or avowed by the 
existing Government of Buenos Ayres in the character which he as- 
sumed by virtue of the decree of the roth of June: that Government 
chose to consider the capture of the American schooner Harriet "an 
affair of a private litigious nature, ' 'as "a private contentious affair ; " if 
such, of course it could not have been presumed that it was made by 
their authority or under their sanction, especially as they had sufficiently 
manifested their opinion of the character and proceedings of the intru- 
sive Government by a public decree: and was there any thing in the 
existing circumstances at the Falklands on the arrival of Captain 
Duncan, which, should have induced him to suppose that the intrusive 
Government had not been truly characterised by the existing Govern- 
ment? or could he believe that this settlement at the Falkland's il- 
legitimate in its origin, had become legalised and nationalized by 
practicing piracy? 

He found none of those badges or emblems or signs of authority and 
power which generally indicate with sufficient precision the pretensions 
of nations to sovereign jurisdiction: neither soldiers, flags, fortresses, 
mounted cannon or national vessels. 

The settlers although few in number were composed of people of 
various nations Germans English North-Americans, Montevi- 
deans, Buenos Ayreans &c and it is said that many of them had been 
released from the prisons at Montevideo and Buenos- Ayres 'where they 
had been confined for offences against the laws. 

One Henry Metcalf a citizen of the United-States was exercising the 
authority of Military & Political Governor in place of Vernet and by his 
appointment. 

^ Instead of a well ordered national Colony every circumstance in- 
dicated an irregular and anomalous settlement composed of wild adven- 
turers unrestrained by law, and without responsibility and the fact 
that a German Governor had been receiving American vessels and 
plundered property from the hands of the captor, a British subject, and 
had delegated his power to a citizen of the United-States to be used 
piratically against his own countrymen, has placed the character of 
this Establishment in a light so strong that it would be difficult to ob- 
scure it. 

Under circumstances like these, the Commander of the Lexington 
undertook to prevent this lawless Association from committing further 
depredations. He spiked some guns which were lying on the beach , and 



o.j.iA.1 LUC VJUVCIUUJ.CIJ.L uj. jjucnutt-nyres naa avowea verner as trie civil 
and military Governor of the Islands, and were delivered to an author- 
ised agent of that Government without any stipulation for their trial & 
punishment. 

Such persons as had not been actually concerned in depredating on 
American commerce (with the exception of a few who were in the interior) 
were brought away in the Lexington at their own request and were 
treated generously & kindly. 

Although the Commander of the Lexington did not act under the 
express instructions of the Government of the United States, yet it is 
but justice to say, that in the exercise of his discretion he anticipated 
the instructions which were subsequently issued. 

Under this view of the case it is incompatible with the honor of this 
nation that any stipulation should be made for reparation or indemnity 
to Luis Vernet, or any of his followers, or to the Argentine Republic 
for the transactions of Captain Silas Duncan at the Falkland Islands. 



87 

? rancis Baylies, ex-Charge d 1 Affaires of the United States at Buenos Aires, to 
Edward Livingston, Secretary of State of the United States ] 

Mvate. TAUNTON, April 23, 1833. 

DEAR SIR : The recent transactions at the Falkland's indicate truly what 
;he character of any Colony from Buenos Ayres must necessarily be. 

An expedition prepared with much parade sent out in a national vessel 
aider the national flag composed of national soldiers a garrison formally 
established military possession taken the claim of sovereignty and the 
ippointment of the Governor announced by decree in short, every thing 
lone to announce to the world the solemn character of the measure and yet 
:he first act of these selected colonists and soldiers is the murder of their 
Governor! the new settlement baptised in the blood of its Chief! Any Colony 
emanating from Buenos-Ayres and established at the Falklands will inevi- 
tably become piratical. 

I find I am denounced in high terms by the renegado who conducts the 
11 Gaceta-Mercantil" for disclosing to Great-Britain the extent of her rights, 
as if Great-Britain who protested against the occupation of the Falkland s 
in 1829 did not know her own rights! 

The argument which I submitted to the Government of Buenos-Ayres 
could not have been known to the British Government unless a voyage could 
have been performed-from the River Plate to England and back to Rio in 

fe ^ 

this document their character is suggested. 



encouraged to reassert a dormant claim in consequence 1 view in which % 
presented it, whose fault would it have been? Not mine surely. 

I was instructed by my own Government to demand reparation an5 
indemnity for captured vessels. The right to capture in some measure 
depended upon the right to sovereignty Buenos-Ayres claimed the sover- 
eignty therefore it was certainly proper for me to endeavour to shew thr 
Government of that nation that it was not theirs and to set forth the British 
title in all its strength, to induce them to believe that theirs was questional*!** 
the argument was addressed to them, and not to the Government of GrtM* 
Britain! they made it public, and in a most irregular and unprecedent** 
manner while a negotiation was pending, and if consequences follow, in- 
jurious to them, it will be their own folly which produced them. 

I still think you will never see the Minister of the Argentine RepuWi 
at Washington if he comes, he will propose an alliance and many ad- 
vantages &c. 

"Timeo Danaos, et dona ferentes." 

I am [etc.]. 



Francis Baylies, ex-Charge d' Affaires of the United States at Buenos Airc*. 
to Edward Livingston, Secretary of State of the United States 2 

TAUNTON, April 23, 1833, 

SIR: I had the honour to receive your note of the i6th, 3 yesterday. 
I forward a copy of the document to which I presume you allude, 4 1 
copied it from an official copy found amongst the papers of the late Si!;*.* 



^Apparently an omission. The word "view" is the first at the top of the second 
which appears to have been cut off immediately above the top line. Presumably one or mu* 
lines have been lost. 

2 Despatches, Argentine Republic, vol. 4. 

^This was a very brief request, not printed in this collection, for a copy of the document 
which Baylies in his private letter of January I, 1833, said he would send if requested. Sc*- 
above, this part, doc. 85, note i, p. 168. 

4 The enclosed document, in translation, follows: 

BUENOS AIRES, March 8, 1808. 

MOST EXCELLENT SIR: Mr James Butcher, Captain and owner of the America rt 
Brig Litler, which is registered in the Port of Boston, the U. S. of N. America Before 
Your Excellency with the greatest respect, says: 

That being engaged in the Seal-fishery, for which object I left home, a storm occurred . 
in which I suffered, striking upon a rock and losing the rudder of my said vessel, f>? 
which reason I was compelled to make for the first Port to replace it, which I succeed*- 3 
in doing at Rio-Negro, where, so soon as I arrived I presented myself to the Com man- 
dant_ Don Luis Antonio Lahitte, making known to him the damages I had sustained, ami 
begging him to assist me as far as was possible and required by humanity; which havixig 



DOCUMENT 88: APRIL 23, 1833 l8l 

Ltkins Jr. of Buenos-Ayres. This copy was placed in the hands of Mr 
lacum by his widow and he can inform you about it. 
You will perceive from the representation of Lahitte and Indart that 

granted, after an examination which he ordered to be made by persons of respectability 
and intelligence, he spoke to me (the Brig being completely repaired) to go to the Estab- 
lishment of San-Jose as is corroborated by his letter, marked No i, herewith, with the 
necessary affidavit for the purpose of ascertaining the state of that garrison, and, if 
necessary to transport the people that composed it, inasmuch as he feared their situa- 
tion was very unfortunate, he having been assured that they had not received the custo- 
mary^ succours from [blank] in consequence of the enemy the English, keeping all commu- 
nication cut off, by means of their blockade of the River; while he himself was unable to 
relieve them in their want of provisions, for the want of a vessel to go and fetch them 
away or to aid them, the coast being infested by the enemies' cruisers. 

Notwithstanding the risques to which I should expose myself, if accidentally I should 
meet any of the enemies' cruisers since they, of course would capture my vessel and 
property, considering me as a prisoner of war should they find me occupied in trans- 
porting enemies' troops I still resolved, moved by sentiments of humanity and gener- 
osity, to brave these dangers, and to go to the relief of these unhappy men, then in a 
perishing state; and particularly bearing in mind the union which existed between the 
subjects of his Catholic Majesty and the citizens of the United-States. 

In short, I arrived at San- Jose; I found that the fears of Commandant Lahitte were 
just, so that it was indispensable to bring away the greater part of the garrison, returning 
with them to Rio-Negro, and leaving with the rest what provisions I did not require for 
the passage these being my private stores, which I had taken on board on my own ac- 
count, for my numerous crew. 

This trip being accomplished as will be shewn by document N 2, and those who re- 
mained behind requiring supplies for their subsistence, I undertook the second time to 
return and furnish them to the satisfaction of Don Luis Antonio Lahitte, as will be seen 
by Document N 3, continuing in this manner, and to the satisfaction of all, proofs the 
most strong of humanity and generous services. This example of distress in the garrison 
of San Jose induced Commandant Lahitte to commission me to visit the others on the 
coast, not doubting that they were, with little difference, suffering in like manner 
which I accepted, notwithstanding the fishing season was passing, and that I was placing 
it out of my power to engage in it afterwards and I determined to render these fresh 
services, not doubting that they would meet the approbation of H. C. Majesty. And 
thus abandoning the original object of my voyage, and receiving the instructions to pro- 
ceed to Port-Desire (Puerto Deseado) I found the garrison and whole establishment on my 
arrival, in the most deplorable situation the greater part of it at the very point of 
perishing with hunger, while the rest were attacked by the Guaycoru Indians, who en- 
deavoured to destroy them by assault; so that the only aliment which remained to 
sustain all the people of that place, was eight horses, without any other food, not even 
vegetables which horses they were obliged to keep in their apartments, to protect them 
against the attacks of the Indians, who strove to get possession of them, they being held 
at a great value in those parts. As the Garrison was not sufficiently strong either to 
defend itself or to subsist any longer, I agreed with the Commandant, Juan Crisostomo 
Martinez, to take on board the whole of them and abandon the establishment which 
was put in execution, with the condition that I should return and bring away all the 
property of His Majesty which I also accomplished, as is shewn by documents N 
4&5. 

This Commission being concluded, I returned to Rio-Negro. I left at that place, 
as at all the other establishments, the succours which my own security would admit of; 
among other things my largest boat, which was required for his Majesty's Brig San 
Julian which had lost hers in a storm at San-Jose for which the agents and Command- 
ant agreed to pay me Two hundred hard dollars, and also fifteen hundred for the provi- 
sions consumed by different garrisons, I had transported the same I had laid in for my 
own crew, as is shewn by document No 6. 

In the four voyages performed two to San- Jose and the other two to Port-Desire 
I lost several months in which time I could undoubtedly have taken as many as fifty 
thousand seals, loaded their skins and been on my way to Europe to dispose of them, 
where they would certainly have produced the sum of One hundred thousand dollars 
at the rate of two dollars each, which is the lowest price they sell at there. This without 
taking into consideration the expenses caused by preparing and fitting out the vessel, 



1 82 PART II: COMMUNICATIONS FROM ARGENTINA 

Captain Butcher of Boston was fishing for seals on the coast of Patagonia 
while the Spanish dominion in South America existed. 

That this fact was the cause of no reprehension or animadversion on the 
part of the Spanish authorities and that the Captain stated the fact with- 
out reserve to the Captain General of B. Ayres, in his memorial, and 2d. 

which was not less than thirteen thousand dollars, was all disregarded on my part in 
circumstances so critical, in which it was necessary to act with generosity and humanity, 
considering that, by the latest news received in these parts, not only was the City of 
Montevideo, but likewise the Capital, and the whole river La Plata, under the power 
and dominion of the English enemy. So that if it proved to be true, as it was believed 
and was shewn by the annexed documents, your Excellency will readily perceive that 
not only would I be unable to recover any thing in these dominions, where properly I 
ought to apply, but that after failing in my visit hither, I should have to apply to the 
Spanish Government in Europe, to recover the expenses and the value of the succours 
furnished and which, perhaps after these American possessions are lost to it, there 
would be much difficulty in getting settled, at least, there would be very considerable 
delay in obtaining the complete acknowledgement of the documents presented, of which 
and their signatures, and of the individuals who have signed them, and of their tenor, 
there would be little or no knowledge in the Court of Spain. Thus, it would be neces- 
sary to keep it under consideration; or, perhaps on account of the delay, I should be 
compelled to abandon the affair or even should I await the event, I might find it to 
result in losses. 

But I apprehend nothing of this kind, as I have intimated to Y. E. not only because 
I have sentiments of humanity in my favour but knowing that there was at the head 
of the Government of these Provinces so worthy a Chief, whose benevolence is notorious 
in all parts, I judge that my labours and services would in some manner be remunerated; 
particularly, if the loss of these countries should turn out to be untrue, as is really the 
case contrary to the expectation of many. 

Therefore, I respectfully apply too Y. E. that, being informed by the aforesaid docu- 
ments of my distinguished services, you will be pleased to order that I be paid the sum of 
One Thousand Seven hundred dollars, the value of the boat and of the provisions that I 
left as succours on the Coast of Patagonia; leaving for my other services, performed in 
the course of seven months, such award as the superior judgment of Y. E. may dictate 
with the condition, that, if the payment should not be sufficient to indemnify me for my 
losses, you will be pleased to reccommend me to the favor of Sovereignty, with the 
representations that you should deem proper in my behalf to the end that the Royal 
Munificence may dispense to me that privilege which it may consider a proper indemni- 
fication; furnishing me with the certificates & evidences that may be required, with in- 
clusion as well of this annexed representation, as of the documents that are exhibited, 
that I may make the proper use of them in which I shall receive that favor & justice 
from Y. E. which you so worthily exercise. 

JAMES BUTCHER. 

DECREE 

BUENOS AIRES, March n, 1808. 

The foregoing representation or petition, and the documents that accompany it 
having been duly considered, let a note be addressed to the Super Intendant Director 
that he be pleased to order, that the Captain of the American brig Littler be paid the 
Fifteen hundred, dollars, the price he has fixed for the passage and maintenance of the 
troops which existed at Port Desire, according to the despatches addressed to this Su- 
preme Government by the Commandant of that Establishment, Don Juan Crisostomo 
Martinez, sub-lieutenant of the infantry Regiment of this Province, of which the Super- 
intendant Director has been informed, and the two hundred dollars, which he fixed as the 
price of the boat that he left at Rio-Negro, according to the recorded certificate; grant- 
ing to the said Captain Butcher, in consideration of the services he has performed and 
proved, that, if in the course of his voyage it should be convenient to him to proceed to 
Rio-Negro, on the Coast of Patagonia, and load with salt on his own account and risque, 
and with his own funds, he may do so; for which purpose the corresponding passport and 
the respective orders shall be furnished him giving also to the said Captain the certifi- 
cates and proofs he may ask for, of this Petition and decree. 

Rubric of the Governor & Captain General. 

GALLEGO, 



That the Spaniards were wholly unable to maintain their temporary garrison 
at Port Desire, or to resist the Indians, whose power over that country, 
beyond the reach of the Spanish guns, appears to have been absolute. 
I have the honour [etc.]. 



89 

George W. Slacum, ex-Consul of the United States at Buenos Aires, to Louis 
McLane, Secretary of State of the United States l 



ALEXANDRIA, July 13, 

SIR: I am this mor'g in receipt of letters from Buenos Ayres up to 24^ 
May Gen'l Alvear was still there, and no indication of his coming hither 
I have the honor [etc.]. 

The same day the corresponding notes were transmitted, and the passports extended. 

This Instrument is a true copy of the originals in the context, which, that copies might 
be taken and delivered to the party interested, were sent to me from the Secretary's 
Office, to which I returned them and to them I refer 

And, by virtue of the order from the Superior Government per decree, inserted, I 
hereby legalize it and do sign it, in Buenos-Ayres 3oth March 1808. 

DON JOSE RAMON DE BASABILBASO. 

Don Louis Antonio Lahitte Captain of the Regiment of Buenos-Ayrean Infantry, and 
Commandant of the Establishment of Rio-Negro on the Patagonian Coast, and Don 
Pedro Ferminde Indart, Minister of the Royal Treasury, for H. C. M. whom God 
preserve. 

We do hereby certify that James Butcher, of the French nation, and Captain of the 
American Brig named the Littler, having arrived at this river to repair damages which 
his vessel sustained while engaged in fishing for seals on these coasts, did offer voluntarily 
to bring a part of the Detachment of San Jose, which he agreed to collect together at 
that place in the present circumstances, and succour with provisions and other things 
which that Establishment might require (there being no other means of effecting this) 
as, in fact, he did do, carrying them arms &c & bringing away, on his return, a part of the 
said Detachment; and, afterwards, continuing his seal fishing he found himself under 
the necessity of putting in to Port-Desire, where he found that Detachment at the point 
of perishing for the want of provisions and other human aid ; and, yielding to his own 
generosity and to the prayers of Don Crisostomo Martinez and the other individuals 
that composed the aforesaid Detachment of Port-Desire, he conducted them to this 
river, bringing at the same time all the property of the King that the capacity of His 
vessel would admit of which is now deposited in these Royal-Storehouses, and of which 
separate account is given to the Superior authority. 

After these services here specified, Captain Butcher has recently shewn his attach- 
ment to the Spanish nation, supplying H. M? brig San Julian then in this Port, with a boat 
of new oak, six yards in the keel, and two and a quarter beam with a rudder and tiller, 
spars and canvas sails, all in good condition, and at the price of Two hundred hard 
dollars, which sum he is to solicit before the Supreme Authority at Buenos-Ayres, as has 
been agreed by the aforesaid Captain, regarding only the great necessity which the 
beforementioned brig, Galvez, had for that small boat, she having lost hers in the storm 
she experienced at San Jose and, in order that he may make that use of it which he 
may deem convenient, and that, moreover, he may be paid the two hundred dollars, 
the price of the boat (as may be determined by the Authority of Buenos Ayres) we give 
him this at Fort Carmen Rio-Negro, on the Patagonian Coast, the 28th. of December 
1807. 

Luis ANTONIO DE LAHITTE. 
PEDRO FERMIN DE INDART. 

1 Consular Letters, Buenos Aires, vol. 4. 

Louis McLane, of Delaware, was commissioned Secretary of State on May 29, 1833. His 
resignation took effect on June 30, 1834. Before being Secretary of State he had been com- 




184 PART II : COMMUNICATIONS FROM ARGENTINA 



*\ ' Tomds Guido, Minister of Foreign Affairs of Argentina, to Louis McLat 

| Secretary of State of the United States 2 

H 

** [TRANSLATION] 

7) 
! i BUENOS AIRES, November 15, 1833. 

1 > The Undersigned, Minister of Foreign Relations of the Argentine R 

' Ji public, has the honour of addressing His Excellency the Minister of tl 

v, corresponding Department of the United States of the North, for the purpo 

(i of informing him, that the Diplomatic Mission, which as he gave notice t 

; I, - 

1, missioned envoy extraordinary and minister plenipotentiary to Great Britain on April ; 

|P 1829, which post he appears nominally to have filled at least until he sailed for the Unit 

'[I States on June 19, 1831, though his secretary of legation, Washington _ Irving, is listed 

8 i having acted as charge d'affaires ad interim from June 17, 1831. After his term as Secreta 

' of State, McLane was again commissioned envoy extraordinary and minister plenipotentia 

to Great Britain on June 16, 1845, leaving the post on August 18, 1 846. 
r i With Slacum's letter of July 13, was enclosed the following letter, dated Montevidi 

January 16, 1833, from. J. D. Mendenhall to Slacum: 

1 PEAR SIR: The Schooner Sun, of New London, Con. Joseph P. Trott, Master, t 

< this day arrived from the Falklands, whence she Sailed on the ^ instant havii 

with various other American vessels, been driven from those fisheries by the Saran 

Captain Trott States, that on the 7* December ult, while standing out of North Harb 

*, New Island (one of the Falklands) he fell in with that vessel whose Commander, w: 

i much abusive language, order'd him to depart immediately from those fisheries a 

return to the United States, threatening to capture and send him to Buenos Ayres 
case he was again found engaged in them, and declaring his intention to deal in li 
manner with all American vessels in similar circumstances. The following is the not 
cation which he indorsed on the Sun's Register: 

Don Jose M. Pinedo, ten te Colonel de Marina, y Com d - B de la Goleta 1 
' gentina Sarandi: 

Habiendo reconocido a la goleta Americana Sun, y la que anda a la pesca 
lobos, se lo he prohibido, segun las ordenes de su Superior Govierno, y que 
anotado de no continuar mas la pesca de lobos en estas Islas, y de regresar 4 Su p& 
En la Isla Nueva de Malvinas a 7 Diciembre 1832. 

Jos M. DE PINEDO, 

In reply to the inquiry of Captain Trott whether he might be permitted to fish i 

* whales, the Argentine Commander replied, that this only furnished an excuse and oc< 

sion to take seals, and merely repeated, with much emphasis, his injunction, that Ca 
T. should return immediately to the United States. 

In consequence of the above information, Capt. M?Keever is preparing to set s 
immediately for the Islands, to give the necessary protection to our Countrymen, tt 
again interrupted in the exercise of their just rights, and in doing which effectually 

i j conceives he may be even under the necessity of capturing the Sarandi. He has ev 

' i ,| felt considerable uneasiness in regard to the presence of that vessel in those wate 

but could obtain no facts that would justify him in leaving the River (where, at t! 

i juncture of our affairs, the constant presence of a naval force has seemed to be advi 

f able) without positive instructions from Capt. Cooper, which he had repeatet 

i solicited. But, events now call him imperiously to that service, which is rendered 

1 paramount consideration. By our last accounts, the Warren was still at Rio a 

1 the Enterprise had not returned from Pernambucp. 

j At the suggestion of Cap* MKeeyer the Sun will return directly to the fisheries a 

1 continue her occupation, disregarding these unjust and illegal warnings & prohi 

f tions. . . . 



DOCUMENT 90: DECEMBER 14, 1833 I 5 

letter dated the 2O th of December last, 1 was about to set off for the United 
States, has been detained by occurrences of great importance, which have 
thus frustrated the designs of the Government. However as the ob- 
jects of this Legation, should if possible be attained, in a manner conform- 
able with the rights of this Republic, and the interests of both Countries, 
the first opportunity will be embraced, of arriving at the desired con- 
clusion 

The Undersigned has likewise received orders from his Government, to 
inform the Minister whom he now addresses, that although the Citizens of 
the United States, who are now in this country, do actually enjoy, all the 
immunities which the Law allows, without having as yet suffered the slight- 
est change in their [admitted] rights, and that too, while the question which 
the last agent of that Nation, unfortunately started, still remains unsettled, 
yet if the Minister should consider it advantageous to the interests of com- 
merce, to have a Consul established here, the Government would be most 
happy to receive him, hoping at the same time, that a perfect reciprocity 
would be observed by the United States. 

The Undersigned requests the Minister whom he now addresses, to inform 
His Excellency the President of the United States, of the Sentiments of the 
Government of Buenos Ayres; and at the same time to receive, the assur- 
ances of his most entire and distinguished Consideration. 

Heaven preserve the Minister many years. 



90 

George W. Slacum, ex-Consul of the United Stales at Buenos Aires, to Louis 
McLane, Secretary of State of the United States 2 

BOSTON, December 14, 1833. 

SIR: I take the liberty to transmit herewith a news paper published at 
Buenos Ayres on the 3i 8 .* of August last 

My object in sending this paper to the Department is to draw your atten- 
tion to the declaration of the Actual Government of that Province in refer- 
ence to the Government of 1829 Under which Lewis Vernet pretended to 
derive authority for the capture of our vessels and the imprisonment of our 
citizens at the "Falkland Islands " And I would remark that the existing 
Administration from which this declaration emanates is the same with 
which Mr Baylies and myself corresponded upon that subject. This 
paper I think worth preserving, as it contains documentary evidence im- 
portant to the establishment of a prominent point in the discussion which I 
presume will come up between the two Governments My letters from 

1 Above, this part, doc. 84a. * Consular Letters, Buenos Aires, vol. 4. 



1 86 PART II: COMMUNICATIONS FROM ARGENTINA 

Buenos Ayres dated 25^ September State "Gen'l Alvear is still here, an 
no preparations making for his departure to the U'States" 
I have the honor [etc.]. 



Manuel de Irigoyen, Chief Officer of Foreign Affairs of A rgentina, to John Fo. 
syih, Secretary of State of the United States 2 

[TRANSLATION] 
tj BUENOS AIRES, December 10, 1834. 

j The Chief Officer of Foreign Relations, charged with the Department < 

State, having examined the Note dated the 29 th of July last, 3 which wj 
presented to the Undersigned, by M r Dorr, on his obtaining from th 

' Government the exequatur to the commission exhibited by him, for exercisir 

the functions of Consul of the United States in Buenos Ayres, submitted 1 
His Excellency the Governor and Captain General of this Province, tl 
sentiments of the President of that Republic, in expression of his regret, i 
the delay of the Envoy Extraordinary, and of his confident expectation th< 
the authorising such a Minister, will lead to the satisfactory settlement of tl 

!l differences, which have unfortunately occurr'ed, as this will consequent' 

lead to the establishment of the bases of communication and natural goc 
understanding between the two Countries. The Minister whom the Unde 
signed now addresses, at the same time announces, that the President of tl 
United States does not consider it necessary on this occasion, to make alii 
sion to the claims of either party, and that he has appointed M r Eben Ritch 
Dorr to reside in Buenos Ayres as Consul of the United States, on account i 

s M? Slacum's not wishing to return thither. 

The Undersigned has received orders from his Government, to reply to tl 

' Minister, stating that although events of the most serious nature ha-\ 

; frustrated the desires of the Government charged with the Foreign Relatioi 

of the Republic of the United Provinces, to carry into effect the mission i 

i the Envoy Extraordinary of which notice had been given, for the purpose i 

n; arranging the existing difficulties, it is yet flattering to observe, and sati 

\ factory to be persuaded, that the frank and liberal conduct observed wil 

regard to the citizens and the commerce of the United States, had convince 
the Government of that Republic, that this Government has been, and w: 

1 ever be, disposed to display a sincere spirit of conciliation. 

It is however painful to the Government, not to be able to abstain from 



sion, of the exequatur to M r Dorr's Commission. This observation applies 
to the clause of the said note, in which M 1 Slacum is referred to. 

The terms in which it is couched, oblige the Government to declare its 
satisfaction, that that person did not wish to return to this Country, either as 
Consul of the United States, or in any other character; because in truth, the 
Government would in that case have been reduced to the disagreeable duty, 
not only of denying him an exequatur, but also of subjecting M r Slacum to 
make satisfaction to the Laws of the Country, which he infringed, and from 
which he evaded by flight. The notoriety of M r Slacum's conduct during 
the last days of his residence in this capital, when he was only a citizen of the 
United States, and of his clandestine evasion in order to elude the pursuit 
Df the police, have decided the Government of which the Undersigned is the 
organ, to manifest to you Sir, the justice and the proper dignity with which 
they must have been surprised, at that clause of your said note respecting 
in affair, of which the Government of the United States cannot be igno- 
rant. 

God preserve you M r Minister many years [etc.]. 



91 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyth, 
Secretary of State of the United States x 

[EXTRACTS] 

BUENOS AIRES, January 17, 1835. 

I have been informed, that General Don Carlos Maria Alvear, the Minister 
appointed to proceed to the U. S. has actually received the payment of his 
appointments, ever since his nomination. This however is, I believe, in- 
correct. Nevertheless, the want of funds for this purpose, although doubt- 
less one of the causes of his delay, is not the most influential. This, perhaps, 
may be found in the fact that the Government is awaiting, with some hope 
of a favorable result, the progress of the negotiation, which its Minister in 
London has instituted upon the subject of the occupation of the Malvinas. 
The last letters of this Minister, Dr Moreno, to his friends in this City, with 
whom I have a distant family connexion, state, that he has hopes to make 

1 Consular Letters, Buenos Aires, vol. 4. 

John Forsyth, of Georgia, was commissioned Secretary of State on June 27, 1834, by Presi- 
dent Jackson. He continued to hold the post under President Van Buren, retiring March 4, 
1841. Before being Secretary of State, he had been minister plenipotentiary to Spain, having 
been commissioned to that post on February 16, 1819, and having left it on March 2, 1823. 

Eben Ritchie Dorr, of Massachusetts, was appointed consul at Buenos Aires on July 2, 
1834. He served from November 27, 1834, until August 31, 1838. In the absence of a lega- 
tion of the United States in Argentina , he performed some semi-diplomatic functions, so far, 
at least, as concerned the keeping of the Department informed. Subsequently, he was consul 
at Valparaiso, Chile, from September 2, 1842, to August 31, 1846. 



1 88 PART II: COMMUNICATIONS FROM ARGENTINA 

the desired impression upon the Government of Great Britain, even if tl 
present Ministry should not listen favorably to his remonstrances. . . . 

I believe that the disposition of this Government is, in the main, friendl 
and that it is willing to cultivate amicable relations with the U.S. Yet, it 
plainly to be seen that feelings of irritation continue to influence the minds i 
those at the head of affairs, and, that neither the views which they enterta 
of the interest of the country, nor the wish to cultivate a good understandir 
between it and the U. S. are such, or so powerful, as to induce them to fore^ 
the resentment felt at transactions which they view as in the last degri 
aflrontive to the dignity of the nation. 

I am of opinion that this Government have no present intention to de 
patch their minister to the U. S. And, things being in their present stat 
it would seem quite inexpedient, setting other considerations aside, to a 
tempt to negotiate with this Government, through the instrumentality 
a minister from the U. S. While affairs are in their present predicamen 
there seems to be no course left open for clearing up the difficulties whi< 
exist, but a reference to the mediation of some friendly power. This cour 
was suggested by the present Governor, Sefior de Maza, then acting Minist 
of Foreign Relations, in his conference with Mr Baylies in August 183^ 
the protocol of which is contained in the "Colecci6n de Documentos <5 
Sobre las Islas Malvinas," Document N XXXI, a copy of which is in tl 
Department of State. 

I think I have reason to believe that a proposition of this nature wou 
be received with particular satisfaction. 

I cannot but be aware, that in permitting myself to make these reflectior 
I have somewhat neglected the hints given in my general instructior 
I hope nevertheless, Sir, that they may meet your indulgence, when I assu 
you that they are made rather as a means of illustrating the impressio 
my mind has received, than with a presumptuous intention of obtruding n 
views upon the Department, which, with this explanation, I have to b 
you will not impute to me. 

Mr Hamilton, the British Minister to this, and the Oriental Republ 
is said to be about to return from Montevideo, whither he had proceed 
in the early part of last month, with the intention to endeavor to negotia 
a treaty with that Government. 

He has failed in this endeavor. Of the two obstacles to his succe 
which have been assigned, viz, a demand on the part of the Oriental Sta - 
to have guarantied to it the possession of the Island of Martin Garcia, 
its coast, now held by the Buenos Ayrean Government, and their unwillir 
ness to acquiesce in the suppression of the slave trade, the latter is probat 
the most effectual. 

I have the honor [etc.]. 

1 See above, this part, doc. 79. 



DOCUMENT 92 A: JULY 14, 1835 

92 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsytk, 
Secretary of State of the United States l 

[EXTRACT] 

BUENOS AIRES, April 5, 1835. 

Gen 1 Alvear, the minister appointed to proceed to the United States, is 
slowly recovering from a tedious sickness, which without other causes, 
would have prevented his undertaking the voyage. His recovery, however, 
is not likely to lead to his undertaking the mission. 

I am satisfied that there is no present intention to send a minister to the 
United States. 



92a 2 

Felipe Arana, Minister of Foreign Affairs of Argentina, to John Forsyth, 
Secretary of State of the United States 3 



BUENOS AIRES, July 14, 

The Undersigned, Minister of Foreign Relations of the Government of 
Buenos Ayres, received on the 6^ inst. the Note of His Excellency the Min- 
ister of Foreign Relations of the United States, dated the 19^ of March 
last, 4 in which that Gentleman is pleased to make certain observations 
upon the note transmitted from this Department on the 10^ of December 
of the previous year, 5 and moreover to require in the name of his Govern- 
ment, that the Government of Buenos Ayres should inform him with cer- 
tainty, whether and when, he may expect the Minister Plenipotentiary who 
was announced to His Excellency in a Note of December 20^ i832; 6 also 
stating that the official bearer of the said communication, had received 
orders to await the reply of this Government for a reasonable space of time, 
not exceeding a fortnight, at the expiration of which, he is to leave Buenos 
Ayres, and to transmit to Washington the result with all possible despatch 

The Government of Buenos Ayres animated with the same liberal and 
conciliatory spirit, which actuates His Excellency the President of the United 
States, and desirous to preserve those kind and friendly relations which 
subsist between the two Republics, has been careful in proving the sincerity 
of those sentiments, by acts which are manifest and conformable with the 
dignity and interests of both Governments; and if, notwithstanding the dis- 
agreeable occurences of 1832, the Government of the Republic of the United 

* Consular Letters, Buenos Aires, vol. 4. 

2 Due to late discovery of this document in the files of the State Department, the num- 
ber 92a was given to it. 

3 Notes from the Argentine Republic, vol. i. 

4 Not included in this publication. Its pertinent contents are here reviewed. 

6 Above, this part, doc. goa. 6 Above, this part, doc. 84a. 



190 PART II: COMMUNICATIONS FROM ARGENTINA 

States has manifested a similar disposition, by accrediting a Consul to 1 
Argentine Republic, the Government of this Republic views as equa 
demonstrative in its favor, the fact that it invited the Minister of Forei 
Relations of the United States, by a note dated November 15^ I833, 1 
send that agent, with assurance that he would receive due consideration, 
indeed the citizens of the United States have under all circumstances enjo} 
in common with those of other friendly nations The Government 
Buenos Ayres therefore believes itself equally entitled, to be considered 
His Excellency the President of the United States, incapable of acting 
variance with those sentiments, by a retrocession which the uniformity of 
principles, and the publicity of its acts indeed forbid. Nevertheless 1 
Minister whom the Undersigned has now the honor to address, in his re] 
to the Note of the Government of Buenos Ayres dated the 10^- of Decemb 
appears to have discovered in that Note, an improper (vioknta, force 
interpretation of the passage in his own Note of the 25^ of July prec< 
ing, 2 in which he states that His Excellency the President has appoinl 
M 1 . Eben Ritchie Dorr Consul of the United States because (as) MI Slaci 
did not wish to return in that character For this reason, the pres( 
Government of Buenos Ayres has been induced to examine attentivi 
the said passage, and far from viewing it as having been improperly (v 
lentamente) interpreted, it conceives it to have been understood in the proj 
and natural manner, warranted by its literal meaning. It may indeed hs 
been dictated by another spirit, but there is nothing improper (violen 
in the sense in which it was taken ; and for that reason it ought not to ha 
created surprise, that the Government of Buenos Ayres should use a fi 
though polite and courteous tone, which it could not avoid, since it conceh 
its dignity to be offended, and which is similar to that employed at prese 
by His Excellency the Minister, under the mistaken (eguivocadd] concept! 
formed by him of the reply in question. 

At the same time, the Undersigned informs His Excellency the Minister 
Foreign Relations of the United States, that the Government of Buer 
Ayres, anxious to testify in every way its desire to remain on terms of friei 
ship and good understanding with that Republic, in its Note of Noveml 
15* i833, 3 stated that important circumstances had occurred, which h 
frustrated the intention expressed to His Excellency the Minister of Forei 
Relations of the United States, in that of December 20^ 1832,* and repeal 
in that of December 10^ i834. 5 Since the latter period, a severe illn 
with which the Minister appointed was seized, and from, which he has i 
yet recovered, increased the difficulties already mentioned by the Und 

1 Above, this part, doc. Sga. 

z This reference is, apparently, to the Secretary of State's note of July 29, 1834, above, i 
volume, pt. i, doc. 5a. 

3 Above, this part, doc. 8ga. 

4 Above, this part, doc. 84a. 6 Above, this part, doc. 902 



DOCUMENT 93: MARCH 14, 1836 ! 9 ! 

signed; Such was the condition of this affair, when the present Governor 
was lately placed at the head of the State, who actuated by the Note of 
His Excellency the Minister of Foreign Relations of the United States, to 
which I have now the honor of replying, inquired into the circumstances 
which have delayed the speedy despatch of the Diplomatic Mission appointed 
in 1832 by himself while he was invested with that high dignity; and as 
events of the most serious nature and importance for the whole Republic, 
from which he cannot divert his attention, have rendered it necessary for 
him to exert all the powers confided in him, it is not difficult to conceive, 
the magnitude of those occurrences, the delicate situation of this Govern- 
ment, and the enormous weight of urgent and serious business which must 
constantly press upon him. Nevertheless His Excellency will take particular 
care to effect the despatch in the course of the present year, of an Envoy 
Extraordinary, to settle the existing difficulties, and to ensure the quiet 
continuance of that intercourse and good understanding, which is so natural 
between two Republics. 

May God preserve Your Excellency many years. 



93 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyth, 
Secretary of State of the United States x 

[EXTRACT] 

BUENOS AIRES, March 14, 1836. 

SIR: For several months, little has occurred in the political affairs of this 
country to merit a particular relation. 

In the interior Provinces, some very ineffectual attempts have been made 
against the now established order of things. They have been promptly 
disconcerted. 

With the connivance, if not the assistance of the Government of the Prov- 
ince of Salta, several armed attacks have been made upon Tucuman, and 
an invasion of Catamarca has been attempted, with a view of effecting 
revolutions in the governments of those Provinces; but, although the aid of 
Bolivia has been said to have been afforded to the undertakers of these 
attempts, they have wholly failed of success, and the principals engaged 
in the last, have been taken and executed. 

1 Consular Letters, Buenos Aires, vol. 5. 



192 PART II : COMMUNICATIONS FROM ARGENTINA 

94 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyi 
Secretary of State of the United States 1 

[EXTRACT] 
No. 25 BUENOS AIRES, August 14, 1836. 

On the 1 8 th ult? an insurrection broke out in the Banda Oriental. Ge 
Fructuoso Rivera, formerly Comandante de la Campana, who had been 
few months before, deprived of that office by the Gov? Dn M. Oribe, is 
the head of this attempted revolution. His party is joined by the not 
Gen 1 Lavalle, who has formerly caused so much misfortune to this Provinc 
and by many of the Unitarian party, who have been obliged to take refuge 
that country. 

The gov* of this Province and consequently all the Gov ts of the confedei 
tion, favor the cause of Oribe, and if occasion require, will doubtless ass: 
him with men and arms. Gen 1 Lavalleja, about ten days since, left this ci 
for the B. O. with a small supply of arms and money, with which he mu 
have been furnished by this Gov* 

Scarcely any news from the other side of the river is suffered to becoi 
public. It is known, however, that the Gov*. is in possession of intelligem 
Its being kept private indicates it to be of an unfavorable character. 

The amount of certain intelligence, since that of the breaking out of t 
insurrection, is that the Gov? at Montevideo has declared Rivera, Lava 
and all who join them, to be traitors. The Gov* is putting that city in 
defensible condition, calling upon the militia, and ordering patrols, frc 
which foreigners are not exempted. There are reports of attacks and 1 
pulses in the country districts, but so confused and unsupported as to 
worthy of no reliance. 

Most are of opinion that the Government party is sufficiently strong 
put down the insurrection in a short time. 

Many, however, and some whose opinions are highly respectable, thi 
that Gov r Oribe will not be able to maintain himself without aid ; and th; 
even with it, the struggle is likely to be a protracted one. 

I have the honor [etc.]. 

1 Consular Letters, Buenos Aires, vol. 5. 



95 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyth, 
Secretary of State of the United States 1 

[EXTRACT] 
No. 27 BUENOS AIRES, August 21, 1836. 

By the Packet, news have [has] also been received from Montevideo ; but 
of vague and uncertain character. It is here rumored that Rivera, with a 
force of twelve hundred men, occupies a position within fifteen or eighteen 
leagues of the City. This, however, rests upon no satisfactory testimony. 
The Government and its partisans are said to be confident of being, able to 
suppress the insurrection. 

The Brazilian Charg6 d'affaires in this City has addressed a note to this 
Government, requesting to be informed of what nature are to be the "good 
offices," which it intends to afford to the Government of the Oriental State; 
alluding to a letter of this Government addressed to the Governor of Entre 
Rios, in which that expression is made use of, and which letter has been 
published. The reply was general and did not distinctly answer the en- 
quiry. 

There is not the slightest question but this Republic will interfere in an 
effectual manner, should events occasion the Government party in the 
Oriental State to need assistance. 

I have the honor [etc.]. 



95a 2 

Felipe Arana, Minister of Foreign Affairs of Argentina, to John Forsyth, 
Secretary of State of the United States 3 

BUENOS AYRES, September 13, 1836. 

The Undersigned, Minister of Foreign Relations of the Government of 
Buenos Ayres, charged with those of the Argentine Confederacy, has re- 
ceived orders from His Excellency the Governor and Captain General of the 
Province, to address His Excellency the Minister of the like Department of 
the Republic of the United States of America, and to inform him, that His 
Excellency being desirous to carry into effect without delay the mission of a 
diplomatic agent to the President of that Republic, which had been ordered 
ever since 1832 ; and after the sincere explanations given in the Note of July 
14* 1835* of the causes which delayed it, His Excellency the Governor 
had ordered that the Minister to whom the Undersigned now addresses 

1 Consular Letters, Buenos Aires, vol. 5. 

2 Due to late discovery of this document in the files of the State Department, the num- 
ber 95a was given to it. 

3 Notes from the Argentine Republic, vol. 1 . 4 Above, this part, doc. 92a. 



194 PART II: COMMUNICATIONS FROM ARGENTINA 

should be informed as he was by a Note of April 19 last, 1 that the present 
Minister Plenipotentiary of this Republic at London Don Manuel Moreno 
had been appointed on the 19 th of September last Minister Plenipotentiary 
near the President of the United States ; and at the same time to express to 
Him how much His Excellency the Governor regretted to have learned that 
the said Moreno was unable from bad health to go to the United States and 
perform the duties of the Mission assigned to him ; this unexpected occurrence 
obliged the Government indispensably to replace the Minister Moreno for 
which purpose the Brigadier General Don Carlos Maria de Alvear had been 
appointed who having accepted this honourable charge was about to proceed, 
in order to fulfil the orders of His Excellency. 

This communication had been placed in the hands of the Consul of the 
United States to be transmitted to His Excellency the Minister of Foreign. 
Relations, But as M r J. H. Mandeville the Minister Plenipotentiary of His 
Britannic Majesty on his arrival here informed the Government that S r 
Moreno notwithstanding the low state of his health was preparing to set out 
for the United States, it was necessary to tell the Consul of that Republic to 
delay the despatch of said note until farther advices, in the hope of receiving 
official notice from the Minister Moreno in order to prevent what might 
otherwise take place, if General Alvear should go out in the same character , 
and in fact by the packet which left England on the 6 th of January last, the 
Government received confirmation of the last account and became convinced 
of the probability that the Minister Moreno would go to the United States on 
the said mission. This conviction was rendered certain by the arrival of 
the packet of the 8 th of June bringing information from the Minister Moreno 
himself that he was about to set off soon for the United States, and detailing 
the arrangements which he had made for the purpose, all which was com- 
municated in a conference to the Consul of the U. S. While the Government 
was under this persuasion, arrived the packet of the 6 th of July from London 
on the 12 th of this month by which it was informed that the Minister Moreno 
so far from setting out for the United States had resolved to return imme- 
diately to this country to his family on account of his infirmities. In this 
state of things the Government of Buenos Ayres being persuaded that His 
Excellency the President will have been surprised at this long silence and 
especially after the assurance given in the said note of July 14, 1835 that the 
diplomatic mission wo.uld be sent in the course of the year, and being there- 
fore convinced of the necessity of assuring His Excellency the President of 
the sincerity of its Relations with that Republic and the uniformity and 
consistency of the principles by which it is guided has ordered the Under- 
signed to inform the Minister of the like Department of the U. S. of all that 
has occurred in the affair in order that he may submit it to the notice of His 
Excy the President and shew him the causes which have delayed the an- 
1 Not included in this publication. Its pertinent contents are here repeated. 



DOCUMENT 97: OCTOBER II, 1836 ! 95 

nounced mission to that Supreme Government, assuring him that the Gov- 
ernor & Captain General of the Province will as soon as possible make the 
necessary arrangements for punctually executing it. 



96 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyth 
Secretary of State of the United States x ' 

[EXTRACT] 
No. 30 BUENOS AIRES, September 14, 1836. 

Mr Arana has told me that this Government is in possession of informa- 
tion that the present attempt at revolution in the Banda Oriental has ex- 
tensive connexions without, as well as within that territory, which forbid the 
hope that it can have a speedy termination. 

Hitherto, it is not publicly known that this Government has taken any 
active measures, with respect to the disturbances in the Oriental State, 
except sending an armed schooner to cruise in the Uruguay. 

I have the honor [etc.]. 



97 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyth, 
Secretary of State of the United States 2 

[EXTRACTS] 
No. 31 BUENOS AIRES, October n, 1836. 

The recent intelligence from Chile, of the attempt against that State by 
Gen 1 Freire, and other Chilian refugees, with the evident connivance of the 
Peruvian Government, is likely to give occasion to much diplomatic inter- 
course between the Governments of Chile and of this Republic. Dn Fran- 
cisco Resales, Charg d'affaires of Chile to France, arrived in this city on the 
26 th ult?. He is accredited to this Government, as a confidential agent, and 
has been received in that capacity. Having it in commission to purchase, in 
Europe, for his Government, one or more armed vessels, he is to be succeeded 
shortly in this City by a Charge d'affaires. Chile and this Republic have 
almost equal cause to provide measures of precaution against the ambitious 
projects of the President of Bolivia. The letter from which extracts are 
given in the Gaceta of Sept 30, herewith enclosed, reprinted from a Chile 
paper, is known to have been written by Rivadavia. 

Beside these matters of grave consequence, and the scarcely less important 
1 Consular Letters, Buenos Aires, vol. 5. 2 Consular Letters, Buenos Aires, vol. 5. 



PART II: COMMUNICATIONS FROM ARGENTINA 

aspect of affairs in the Banda Oriental, the Government has recently \ 
under the necessity of sending reinforcements of troops to its southern fj 
tier, where several tribes of hostile Indians have committed new ravages, 
even attacked the town of Bahia Blanca. 

These affairs have engrossed and continue to occupy the attention of 
Government. . . . 

Eighteen refugees from this Republic have, very recently, been arreste 
Montevideo, and placed in confinement on a small island in the harbo 
that city. Among them are Rivadavia, the ex-President of the Argen 
Republic, and Agiiero, one of his former ministry. It may be presumed 1 
their arrest has been made at the instance of this Government. They ar 
be permitted to exile themselves to such places beyond the Capes of the 
de la Plata, as they may choose, with the exception of Rivadavia and tw 
three others, who will only be permitted to leave their imprisonment 
Europe. 

I have the honor [etc.]. 



98 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Fors 
Secretary of State of the United States x 



No. 38 BUENOS AIRES, March 7, 

SIR: His Excellency the Governor of Buenos Ayres, charged with 
foreign relations of the Argentine Confederation, on the 13 th Feb y 1 
promulgated a decree of non-intercourse between the inhabitants of 
Republic and those of Peru and Bolivia, a copy of which, printed in 
Government Gazette, I have the honor to transmit herewith. 

I am [etc.]. 



99 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to Martin 
Bur en, President of the United States of America 2 

[EXTRACT] 

BUENOS AIRES, April 21, 183 

It is the determination of this Gov^ to send a minister to the U. S. as s 
as practicable. Such, however, is the deplorable state of its means, 
cently and actually burthened with heavy expenses for the assistance of 



DOCUMENT 101: MAY 29, 1837 

Banda Oriental, and preparations for a war with Bolivia, that I am afraid 
the despatch of a minister to the U. S. will be yet longer delayed. I sin- 
cerely believe, nevertheless, that such delay, if it happen, will be to be as- 
cribed to no other cause than the poverty of the treasury. 
I have the honor [etc.]. 



100 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyth, 
Secretary of State of the United States 



1 



No. 42 BUENOS AIRES, May 23, 1837. 

SIR: A declaration of war, by the Government of this Province, in its 
representative character, as charged with the Foreign Relations of the Ar- 
gentine Confederation, against General Santa Cruz, President of Bolivia and 
Protector of Peru, was yesterday proclaimed and published in this city. 

I have the honor to transmit herewith, a copy of the Government Gazette, 
containing the declaration, and a manifesto which accompanies it. 

I am [etc.]. 



101 

Felipe Arana, Minister of Foreign Affairs of Argentina, to John Forsyth, 
Secretary of State of the United States 2 

[CIRCULAR TRANSLATION] 

BUENOS AIRES, [May] 2p, 1837. 

The undersigned Minister of Foreign Affairs has the honor to transmit 
herewith, by direction of his Government, to His Excellency the Minister of 
the corresponding Department of the United States of North America a 
printed copy of the Decree and Manifesto which it has issued, in the name 
and pursuant to the mandate of the Provinces of the Argentine Confedera- 
tion, under date of the io/th instant, 3 declaring, in view of the considerations 
set forth therein, that the Argentine Republic is at war with the Government 
of General Santa Cruz and his supporters. 

The official in charge of Foreign Affairs of the Argentine Republic, in 
advising friendly governments of the injuries which the Confederation has 
been suffering for six years from its ambitious neighbor, of the failure of its 
well founded complaints submitted in a friendly manner, and of the spirit 

1 Consular Letters, Buenos Aires, vol. 5. The Gazette is in the manuscript volume. 
a Consular Letters, Buenos Aires, vol. 5, enclosed with Dorr to the Secretary of State, No. 
43, June 8, 1837, below, this part, doc. 102. 



198 PART II: COMMUNICATIONS FROM ARGENTINA 

of conquest which he has displayed, erecting on the bodies of the sons of P< 
and Bolivia an ominous power which is destroying the political equilibriurr 
the new states of South America and imposing on them a degrading depei 
ence on his baleful influence, rests assured that the illustrious governmi 
of the North American nation will favorably receive a declaration which 1 
Confederation has been obliged to make, in view of the justice of its can 
to safeguard the honor, independence, and liberty of the Argentine peoj 
May God have Your Excellency in his keeping. 



102 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Fors? 
Secretary of State of the United States 1 

No. 43 BUENOS AIRES, June 8, 1837 

SIR: Since my letter of 23 d ult: No 42.* I have been requested, by 
Minister of Foreign Relations of this Government, to transmit to the I 
partment of State, an official communication 3 of the declaration of \v 
made by the Government of Buenos Ayres, as representative of the Arg 
tine Confederation, against General Santa Cruz, titular President of 
Peru-Bolivian Confederation. The said communication I have the honoi 
transmit herewith. 

Several copies of the declaration, 4 and of the manifesto which accc 
panics it, were at the same time given me to be forwarded to the Departme 
They are also herewith enclosed. 

I have the honor [etc.]. 



103 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Fors'_ 
Secretary of State of the United States 5 

No. 49 BUENOS AIRES, January 2, 1838 

SIR : On the 30 th ult? I received a letter from Richard Pollard E; 
Charge d'affaires of the U. S. in Chile, requesting me to forward a par 
which is accordingly sent by this conveyance. 

As the letter of Mr Pollard bears date 8* Ult? it is improbable that 

1 Consular Letters, Buenos Aires, vol. 5. z See above, this part, doc. 10 

3 See above, this part, doc. 101, under date of May 29, 1837. 

4 Two copies of the pamphlet, of thirty-two pages, are bound in the manuscript voli 
6 Consular Letters, Buenos Aires, vol. 5. The contents of the parcel from Pollard are 

of course, in this volume. Reference is doubtless to the despatch of December 7, 1 837, f 



communication refers to intelligence which has reached this city more 
recently, and which I therefore participate to the Department. 

The Chilean Chargd d'affaires resident in this city received on the evening 
of the 31 st ult a communication by express, from Chile, not however, from 
his government, informing him that the Chilean army, which had advanced 
from the place of disembarcation to Arequipa, after having suffered severely 
from small-pox, and the want of supplies, which the inhabitants were, by 
the precautionary measures of Gen! Santa Cruz, rendered unable to afford, 
had been approached by a superior force of GenJ St a Cruz' army. After a 
partial engagement of little consequence, a convention was proposed to the 
Chileno General Encalada, and accepted by him, the principal articles of 
which were, that the army should immediately return to Chile in the same 
vessels from which it had been disembarked; that the captured Peruvian 
vessels should be given up ; that the Protector should admit a pecuniary claim 
made upon his government by that of Chile; and that the government of the 
latter should use its efforts to procure the concurrence of the Argentine Re- 
public in a pacification. It is added that the Chileno Government had re- 
fused to ratify the said convention. 

It serves to confirm the above intelligence, that a despatch has been re- 
ceived by this Government from the General of the Argentine army on the 
frontier, giving information that news of a convention having been entered 
into with the Chileno invading army, had been communicated to him by the 
Bolivian General Braun; but that suspecting the intelligence to be illusory, 
it was his purpose to proceed in his intended operations, until otherwise 
instructed by this Government. 

Yesterday, the fifteen[th] Legislature of this Province was opened, and the 
annual Message of the Governor received, which I have the honor herewith 
to transmit. 

I am [etc.]. 



104 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyth, 
Secretary of State of the United States L 

No. 52 BUENOS AIRES, January 23, 1838. 

SIR: I received on the 19*!* inst. a letter from R. Pollard Esq r . 6 dated 23 d 
ult? requesting me to forward the despatch 2 herewith transmitted. A 
previous letter of his of 16^ ult? had been lost with the mail. 

I have, however, letters from Valparaiso of 28^ ult? and have been shewn 
others two days later, by which it would appear that it is unlikely the Chileno 

1 Consular Letters, Buenos Aires, vol. 5. 

2 No despatch from Pollard, of approximately the date mentioned, appeared of sufficient 
international importance to warrant printing it in this publication. 



2OO PART II: COMMUNICATIONS FROM ARGENTINA 

Government will undertake another expedition against General Sta Cm 
and even will with difficulty be able to sustain itself against a revolutio 
One letter, which I have seen, states that that Government has abandon! 
its purpose of equiping an army, and proposes to confine its efforts to nav 
operations. 

The Minister of Foreign Relations of this Government yesterday i 
formed me that General Alvear had been directed to be in readiness to pr 
ceed upon his mission to the U.S. and that he would probably be despatch 
thither in the month of February. I have the satisfaction to believe th 
some modification of the instructions originally prepared has been adopte 

I have the honor to forward herewith a second copy of the annual messai 
of the Governor of this Province, and several N. s of late newspapers of tl: 
city. 

I am [etc.]. 



105 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyi 
Secretary of State of the United States l 

No. 53 BUENOS AIRES, April 7, 1838. 

SIR : I have the honor to transmit herewith a copy of an official letter fro 
Rear Admiral Le Blanc, commanding the French naval forces upon tl: 
station, dated 28 March ult? 2 and received the same day, containing 

1 Consular Letters, Buenos Aires, vol. 5. 

2 The following is a translation of the French Rear Admiral's letter to Consul Dorr, dat 
On board the Sloop of War Expeditive, Roadstead of Buenos Aires, March 28, 1838 ( 
enclosure, the published correspondence between the French Consul and the Argenti 
Government, a pamphlet of sixty-eight pages in Spanish, is in the manuscript volume): 

DEAR SIR: On several occasions the Argentine Government has violated the rigf 
of France, the safety of the French established on her territory, and that of thi 
property. 

France has sent to that government through her representative at Buenos Ayi 
numerous claims which have not only all been rejected, but often in terms as injurio 
as the conduct of the Argentine administration was unjust. 

The interests and the dignity of France do not permit her to endure any longer t 
malicious acts of the Argentine Government. 

After having exhausted in vain all the measures which a wise moderation can reconc 
with national honor to recall it to the sentiments of justice which it is to its own inten 
to heed, France is obliged to employ other means. 

Accordingly the Rear Admiral in command of the naval forces on the Brazilian si 
tion in the southern seas, acting under orders from the Government of His Majesi 
the King of the French, has the honor to notify you that the port of Buenos Ayres a 
all the littoral belonging to the Argentine Republic are under a rigorous blockade by t 
French naval forces. This blockade will be strictly forced as long as the reasons whi 
led the French Government to establish it shall continue. 

I therefore request you to advise your Government as to this measure and to ste 
at the same time that the indispensable measures authorized by international law will 

* 



o/i 1 * 4- 4.1* Wl 1 J J J_ 



DOCUMENT 1 05 : APRIL 7,1838 2OI 

notification of the blockade of this port, and of the whole littoral of this river 
belonging to the Argentine Republic, by the forces under his command and 
to accompany the same with a copy of the correspondence between the 
French Consul and this Government, which preceded that measure, pub- 
lished by order of this Government. 

The blockade is efficiently maintained, and very strictly enforced. The 
French Admiral has at present two corvettes and two brigs in the roads of 
Buenos Ayres, and a frigate in Montevideo. It is his purpose to station 
vessels, hired and armed for the occasion, at the mouth of the Parana and 
Uruguay. 

This measure has, as yet, produced no apparent effect upon the resolution 
formed by this Government; and I fear it will be of a duration sufficient to 
prejudice very materially the commerce of this city. 

Three divisions of the army of Gen 1 S*. a Cruz, said to be composed each of 
two thousand, have entered the Argentine territory, and have advanced, 
certainly, as far as Salta; late reports mention that this force has reached 
some leagues on this side that town. The army under Heredia has retired 
before it, materially diminished by dispersion, and desertion to the enemy. 
Heredia himself has resigned the Command, not having been supplied with 
the necessary means by this administration. 

This intelligence is derived from private sources, nothing having been 
made known to the public, through the prints of this city. I have good rea- 
son to depend upon its correctness, having been shewn a proclamation issued 
by Gen 1 Braun, who commands the invading army, extremely severe against 
Gen 1 Rosas, and declaring his purpose to advance in order to free the country 
from his tyrannous administration. 

In the mean time the French blockade has completely cut off all the re- 
sources of this Government. Its credit is absolutely nothing. The salaries 
of its officers, and the pay of its troops are some months in arrear. An at- 
tempt to supply a recent emergency by a voluntary loan, is almost ridicu- 
lously unproductive and a forced loan, or new emission is momentarily 
expected. 

Of the many surmises and anticipations now afloat, none are deserving 
of being related, with the exception that many well informed inhabitants of 
this country look for the formation of a Lower Peruvian or North Argentine 
Republic, the establishment of which would be soon followed by a revolution 
in this Province. Others are of the opinion that the upper provinces will 
unite in a demand of a National Congress, and will be aided by the Bolivian 
forces to accomplish their object. 

inconveniences which it might have to suffer from a measure adopted solely against the 
Buenos Ayres Government, commercial vessels at present in the port or the roadstead 
of Buenos Ayres will have the right to leave until the roth of May next, at which time the 



2O2 PART II : COMMUNICATIONS FROM ARGENTINA 

In the Banda Oriental, the insurgents Rivera & Lavalle have recer 
effected a junction, and are said to be advancing towards the city wit 
force of from two to three thousand. The Government has at most twe 
hundred, and as it can count no longer upon aid from this Province, i 
generally supposed here that it must succumb. 

Under these circumstances it is to be expected that the mission of G 
Alvear must be postponed. I am, however, persuaded that, but for 
French difficulties, it would, before now, have been realized. At pres( 
this Government is absolutely without the necessary means. 

I have the honor [etc.]. 



Felipe Arana, Minister of Foreign Affairs of Argentina, to John Fors 
Secretary of State of the United States 2 

[TRANSLATION] 

BUENOS AIRES, April 17, 1838 

The Undersigned by order of his Government has the honor to trans 
herewith to Your Excellency a printed memorandum book which conte 
the official notes and private letters relative to the present status of 
matter which has led to the blockade of the ports of this Republic by 
Excellency the Rear Admiral, Commander-in-Chief of the squadron of 
Majesty, the King of the French on the Brazilian station and in the Pac 

An event so utterly lacking both in justifiable motives and in adequate 
thority, must have attracted the attention of all governments and people 
the world. In consequence thereof the [Minister of Foreign Relations 
Buenos Ayres in charge of Foreign Relations of the Argentine Confederat 
being desirous of safeguarding the honor and justice which characterize 
acts, and in compliance with what is due to its dignity and is required fi 
friendly nations, trusts that Your Excellency will see fit to bring the pres 
note and its antecedents to the attention of your Government. 

God preserve Your Excellency many years. 

1 Due to late discovery of this document in the files of the State Department, the nur 
sa was given to it. 

2 Notes from the Argentine Republic, vol I. 



DOCUMENT 106: APRIL 21, 1838 203 

106 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyth 
Secretary of State of the United States 1 ' 

No - 54 BUENOS AIRES, April 21, 1838. 

Sir: On the 7 th current, 2 I informed the Department of the blockade 
of this port declared by Admiral Leblanc, commanding the French naval 
force of this station, and forwarded a copy of the correspondence which pre- 
ceded that measure. With this letter, I have the honor to transmit a 
pamphlet 3 containing a continuation of the same, printed by order of this 
Government, and sent to me by H. E t the Governor. The Minister of 
Foreign Relations has since shewn me a letter, subsequently received from 
M. Leblanc, in which, although his previous demands are reiterated, they are 
urged in such a manner as induces a hope that a temporary accommodation 
may be agreed upon, since every thing material in them may be considered 
as already virtually conceded. This letter has not yet been replied to. 

At the date of my last letter, I was told by Mr Arana, that it was, then, 
impossible to reply satisfactorily to my enquiry respecting the mission of 
General Alvear. I have now the pleasure to inform the Department that 
mission is immediately to take effect. General Alvear has just received a 
direction to proceed to the United States by the first convenient opportunity, 
and will take passage for New York in a ship, which is to sail about the 15 th 
or 2O th prox. I have already acquainted the Department 4 that the in- 
structions prepared for this mission have received such important modifica- 
tions, as may be hoped will facilitate an adjustment. 

No news to be relied upon has been recently received from the interior. 
None of an encouraging character is expected. Dissatisfaction and dread 
are spreading widely through all classes, and the worst apprehensions for the 
political state of the country are entertained by many even of those who 
have acquiesced in the elevation of the present Governor, and been hitherto 
disposed to support his administration. 

I have the honor [etc.], 

1 Consular Letters, Buenos Aires, vol. 5. _ 2 See above, this part, doc. 105. 

3 The pamphlet was not found in the manuscript volume. 

4 In his No. 52 of January 23, 1838, above, this part, doc. 104. 



2O4 PART II: COMMUNICATIONS FROM ARGENTINA 

107 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Fors; 
Secretary of State of the United States x 

[EXTRACT] 
No. 55 BUENOS AIRES, May 3, 2838 

The French blockade continues to be enforced, and with an unusual vij 
A correspondence between the Government and M . Leblanc, is yet going 
From the letters, which have been shewn to me, it appears that the Ia1 
insists upon a more clear concession of his first demand, than has yet b 
yielded. As however, it is virtually complied with, there is hope that 
blockade may be raised before instructions shall be received from Fra 
regarding ulterior coercive measures, which, to judge from letters recer 
received by the French Consul, will be of a yet more decided and hos 
character. 



108 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Fors; 
Secretary of State of the United States z 

No. 56 BUENOS AIRES, May 12, 183 & 

SIR: I have the honor to transmit herewith a despatch 3 received on 
9 th curr* from Hon R. Pollard. 

By a letter of later date than that received from Mr Pollard, I am 
formed that an expedition was about to sail from Valparaiso for the purp 
of conveying a force to operate in Peru. Still later accounts received in t 
city state that the expedition sailed on the i8 th ult? with fifteen hundred m 

The information given in my letter N? 53. 4 of the entry of three divisi 
of the army of St? Cruz into the Argentine territory is now said to be prei 
ture. The proclamation, then mentioned, is either a forgery, or of a mi 
anterior date. 

The French blockade of this port continues to be enforced with a v 
unusual strictness. Admiral Leblanc, two days after receiving the 1 
communication of Gen 1 Rosas, sailed from Montevideo for Rio de Jane 
without having replied thereto. 

General Alvear is to proceed to the U. S. in the Nile, to sail for New Yi 
about the 2O th curr*. 

I have the honor [etc.]. 

1 Consular Letters. Buenos Aires, vol. 5. z Consular Letters, Buenos Aires, vol. . 



DOCUMENT IO9 1 JUNE 2, 1838 205 

lOSa 1 

Felipe Arana, Minister of Foreign Affairs of Argentina, to John Forsyth, 
Secretary of State of the United States 2 

[TRANSLATION] 

BUENOS AIRES, May 18, 1838. 

The Undersigned by order of his Government has the honor to transmit 
herewith to Your Excellency a printed memorandum book which contains 
the continuation of the private correspondence which recently took place 
between His Excellency the Governor and Captain General of this Province 
and His Excellency the Rear Admiral of the French naval forces on the Bra- 
zilian station and in the Pacific Ocean, and trusts that you will bring it to 
the attention of the Government of your country. 

God preserve Your Excellency many years. 



109 

Eben Ritchie Dorr, United States Consul at Buenos Aires, to John Forsyth, 
Secretary of State of the United States s 

[EXTRACT] 
No. 57 BUENOS AIRES, June 2, 1838. 

SIR: I have the honor to forward, herewith, copies of the continuation 
of the correspondence between General Rosas and Admiral Leblanc. 4 At 
the date of my last letter, May 12, the last reply of the latter had not been 
received. 

The representative body of this Province was convened, in special session, 
on the 29 th ult to take into consideration the conduct of the Government 
in the question in which it is involved. After a session of three days, the 
subject was referred to a standing committee, which is expected to report 
this day. 

1 Due to late discovery of this document in the files of the State Department, the number 
lo8a was given to it. . 

2 Notes from the Argentine Republic, vol. I. 3 Consular Letters, Buenos Aires, vol. 5. 
4 Printed copies of the correspondence are in the manuscript volume. 



206 PART II: COMMUNICATIONS FROM ARGENTINA 

110 

Eben" Ritchie Dorr, United States Consul at Buenos Aires, to John Forsy 
Secretary of State of the United States l 

[EXTRACT] 
No. 58 BUENOS AIRES, June 28, 1838 

. . . General Lopez, Governor of the Province of S ta F6, died on the I, 
inst: 

By recent advices from Montevideo, it is known that, on the same day, 
action took place between the Gov^ forces of the Oriental State, and 1 
revolutionary army under Rivera and Lavalle, in which the former w< 
defeated, with great loss, and completely dispersed. 

These events are likely to be followed by results of the greatest consequer 
'to this Gov? It is probable, that, should the insurgents in the Banda Ori< 
tai succeed in overturning the Government of that State, which is no lonj 
regarded as doubtful, the Provinces of Corrientes and Entre-rios will also 
revolutionized. Gov r Lopez, for a great length of time, the friend and mi 
powerful support of GenJ Rosas, had a controlling influence in the 1; 
mentioned Provinces. His Successor has neither that influence, nor to 1 
same extent, so favorable a disposition toward the present administ[rati< 
of Buenos Ayres. 

The death of Gov? Lopez is, in another point of view, very much to 
deplored. Don Domingo Cullen, Deputy Governor of St a Fe, during 1 
Gov r 's illness, had, some weeks since, come to this city, for the sole purpo 
as he told me, of bringing about a speedy arrangement of the French dispu 
He informed me that, in his interviews with Gen. Rosas, he had remonstral 
against the extravagant absurdity of involving the Confederation in evils 
such consequence, in support of a law of this single province, peculiar to 
and in derogation of the law of nations, and had even indicated a purpose, 
the part of the littoral provinces, to withdraw the representation with wh 
the gov* of this is invested, in the event of a failure to induce the latter 
come to a prompt adjustment of this question. 

In frequent visits which passed between him and myself, and also on 1 
occasion of Comm? Nicolson's calling upon him, he expressed an anxiety 
learn if the French Comm? had authority and a disposition to admit sucl 
proposition as he hoped to be able to procure to be made. On the eve g 
the I6*? 1 I communicated to him the substance of a note just received fr< 
Comm? Nicolson, informing me that, at his suggestion, the commander of i 
French blockading squadron had agreed to a provisional suspension of i 
blockade, under an assurance, to be previously given to the French Cons 
or, if more agreeable, to me, that the Gov^ would, during that suspensi 
give its official sanction to the promises made by Gen} Rosas in his letter 
1 Consular Letters, Buenos Aires, vol. 5. 



DOCUMENT IIO: JUNE 28, 1838 ' 2O7 

Leblanc. He had previously told me that he had strong hopes of 
to succeed in his object, and now expressed his persuasion that so 
r tune a proposition would be received with welcome. He also requested 
- a Howed to convey my consent to become the medium of the stipulated 
'arice. I readily offered any proper service in my power to render, to 
tate an accommodation which would affect so many and important 



1 the 1 8 th , Gov Cullen informed me that the proposition seemed to have 
well received, and that Gen? Rosas had a desire to confer with me upon 
"node of carrying it into effect, preferring my intervention to that of M. 
er, who is at present in Montevideo. On the morning of the 19 th , the 
= of Gen 1 Lopez' death arrived, which Mr Cullen immediately com- 
-icated to me, with the intelligence of his own election as successor. This 
Lt required -his immediate return to St a Fe, and he left this city on the 

s all apprehension of any immediate interference with his policy has been 
J removed, Gen! Rosas will probably persist in it, until other circum- 
.ces compel him to yield. I have reason to believe that he actually enter- 
s a hope that the French Gov* will disavow the measures taken by 
niral Leblanc. 

i the mean while, the blockade continues to be rigorously enforced. 
.eports are current that the army of the Confederation, which, by last 
Dunts, had advanced a few leagues beyond Salta, has sustained a reverse, 
lat an armistice has been agreed to, and that a revolution has taken 
:e in Cordova. These reports, although not improbable, are, as yet, not 
L vouched. The Minister of Foreign Relations assured me yesterday 
t he disbelieves them, but that he has received no intelligence to con- 
iict them. 

"ommodore Nicolson arrived here, in the Dolphin, on the 4^ inst. and 
ed on the i6& for Montevideo. 

le has not a sufficient number of vessels to enable him to comply with 
own expressed wishes, and the solicitations of Americans in many distant 
ts of this extensive station, to leave one, at least, in the ports where the 
sence of a force is desireable. Until this visit of the Dolphin, no vessel of 
: U. S. Navy has entered this port for eight months. In adverting to this 
itimstance, I comply with repeated instances made to me by our citizens 
iding here, and already communicated to Commodore Nicolson. 
! have the honor [etc.]. 



2O8 PART II: COMMUNICATIONS FROM ARGENTINA 

111 

Memorandum of a Conference at the Department of State with Carlos Marit 
Alvear, Argentine Minister to the United States l 

DEPARTMENT OF STATE, October 27, 1831 

General Alvear, having asked an interview for the purpose, called at 
Department, and stated that he had been instructed by his Governmen 
explain to that of the United States the causes which had led to the in 
ruption of friendly relations between the Argentine Confederation & Fra 
His Government had been led to adopt this course by a desire to ] 
elude the supposition on the part of the President that the protraction of 
blockade of Buenos Ayres by the french was attributable to injustia 
obstinacy on the side of the Argentine Government. 

The original demands put forth by France, through the Vice Consul i 
took charge of the Legation on the death of the french Charg d' Affaires, 
Vins Peissac, was that french subjects residing in Buenos Ayres should er 
the privileges allowed to British residents under the stipulations of a Tre 
with Great Britain, and to American Citizens under an arrangement n< 
tiated by Mr Forbes, whereby the benefits of the Treaty referred to she 
be extended to them This was declined on the ground that the ^ 
Consul not being invested with any recognized public character could 
make such a demand in the name of his Government 

In consequence of this refusal a french Squadron appeared before But 
Ayres under command of Admiral Leblanc, who made a peremptory dem 
of 

i 8 .* The suspension, with regard to french subjects of the existing 1 
applicable to foreigners, and the same treatment as the subjects of the n 
favored nation 

2 nd An acknowledgment of the right of the french Government to cl 
indemnity in favor of frenchmen who may have suffered in their person 
property in consequence of acts of the Argentine Government 

3 An immediate Judgment in the case of Pierre Lavie 

Admiral Leblanc was answered that, on the first head although exis 
laws subjected frenchmen who had resided a certain length of time in 
country, to enrolment in the Militia, that law had remained inoperative, 
proofs were adduced to show that not one frenchman was enrolled conti 
to his wishes 

On the second, That the right of demanding indemnities or of making 
other reclamation was an inherent right appertaining to all nations 
requiring no express recognition 

1 Notes from the Argentine Republic, vol. I. A copy of the same memorandum is fil 
Notes to the Argentine Republic, vol. 6, following a note of October 26, 1838, granting a 
ference for the next day. See above, this volume, pt. i, doc. 6. 



DOCUMENT III: OCTOBER 27, 1838 

On the third, That Pierre Lavie (who had been arrested on a charge of 
robbery) had been tried, judged, suffered his punishment, and finally set at 
liberty before the arrival of the Admiral 

He was further informed that Buenos Ayres having adopted the policy of 
placing all nations upon the same footing, France would be admitted to all 
the benefits secured by the Treaty with England, so soon as she chose to open 
negotiations to that effect through an Agent properly accredited Re- 
gretting that the Admiral was not invested with the required character for 
such negotiations, the Buenos Ayrean Government declines acceding to 
demands put forth at the cannon's mouth. 

On the receipt of this refusal The Admiral declares the port of Buenos 
Ayres and that portion of the shores of the river Plate belonging to the 
Argentine Republic in a state of rigorous blockade, to continue as long as the 
causes of the discontent of the french Government: That is, so long as 
Buenos Ayres shall not 

is* Suspend existing laws with regard to french subjects and place them 
on the same footing as those of the most favored Nation. 

2^4 Acknowledge the right of France to claim indemnity in behalf of 
frenchmen who may have suffered unjustly, in consequence of acts of the 
Argentine Government. 

General Alvear states that his Government being ready to grant the first 
if asked without the intervention of force, and considering the other as 
appertaining to France without the required acknowledgment, can discover 
no just ground for the hostile attitude of France, and is resolved to resist to 
the last extremity measures of coercion which are believed to have other, but 
unknown, motives than those avowed by the french Admiral 

Gen-i Alvear was disposed to believe, with his Government, that the pro- 
ceedings of Admiral Leblanc were unauthorized by the french court; but he 
has heard from Mr Pontois that such was not the case, and that the Admiral 
had express orders to act as he has done The General has just received 
indirect intelligence of the appointment of a french Charge d' Affaires who was 
to proceed to Buenos Ayres; and says that if his mission be one of peace, 
matters may soon be arranged if the reverse, the Argentine Government 
will adopt such warlike measures as may be within its reach, hinting that it 
would be the issuing of Letters of Marque against the commerce of France 



2IO PART II: COMMUNICATIONS FROM ARGENTINA 

Ilia 1 

Felipe Arana, Minister of Foreign Affairs o/ Argentina, to John Forsyth 
Secretary of State of the United States* 

[TRANSLATION] 

BUENOS AYRES, November 13, 1838. 

The Undersigned by order of his Government has the honor to address 
himself to Your Excellency to transmit to you herewith in a printed memo 
randum book the ultimatum of the Consul of France, M. Aim Roger, anc 
the reply of this Government, with the documents relating thereto. Or 
reading it Your Excellency will realize how just is the cause of the Argentine 
Confederation in this strange and disgraceful matter. 

The Argentine Government, which has been unable to obtain anything 
from France, on the basis of reason and of principles, hopes to find on th( 
part of the Government of the Republic of the United States those sym 
pathetic sentiments which are inspired by the justice which it is maintaining 
and the common interest of the American States. If its conduct shoulc 
merit the aid of the governments of those states, it will feel that it has main 
tained at all costs the rights of nationality which nobody can deny thi; 
Republic, so much the less since it has been recognized by France itself 
which is now trying to humiliate it. 

God preserve Your Excellency many years. 



112 

Carlos Maria de Alvear, Argentine Minister to the United States, to Joht 
Forsyth, Secretary of State of the United States 3 

[TRANSLATION] 

WASHINGTON, March 21, 1839. 

The Undersigned, Minister Plenipotentiary Extraordinary of the Argen 
tine Confederation in the United States of North America, has the honour t 
address the Honourable John Forsyth, Secretary of State, and to inform him 
that he is charged by his Government to call the attention of that of th 
United States, to the conduct of M r Silas Duncan, the Commander of th 
United States Sloop of war Lexington, on the 3 I st of December 1833, at th 
Island of Soledad, one of the Malvinas [group], in 'displacing in the midst c 
profound peace, and in a violent manner, a settlement which had bee: 



DOCUMENT 112: MARCH 21, 1839 211 

tion at the time, and of which it has since remained in perfect legal and just 
possession, agreeably to the conception of the indisputable right, which it has 
held and still holds to those islands. 

The accompanying official documents 1 (expedients) which the Under- 
1 No translations of these enclosures with this note were found in the manuscript volume. 
No. i File (Expediente) relative to the attack on the Malvinas [Falkland Islands] 
Office of the Commandant in charge of Registration and Captaincy of the Port 
(Comandancia de Matnculas y Capitama del Puerto}, Buenos Aires, February 10 18^2 
In compliance with Your Excellency's order of the 8th instant, the undersigned brings to 
your attention the memorandum drawn up to describe the conduct of the commander of 
the United States sloop of war, '[Lexington" in the port of Soledad in the Malvinas 
Islands [balkland Islands], which is accompanied by the document, which is translated 
and which was presented by Mr. Dikson [Dickson?] in making his declaration, it being 
impossible to do the same with the proclamation of Commander Duncan, to whom he 
also makes reference in his statement, on account of its not being found among his 
papers, but with the assurance nevertheless that he will exhibit it at the proper time 
Respectfully, etc. etc. (Signed) FRANCISCO LINCH. 

His Excellency, the Minister of State in the Department of Foreign Affairs. Buenos 
Aires, February 12, 1832. Attached are authenticated copies of the communication of 
the Government of Uruguay and of the despatch sent by the captain of the port 
(Signed) GARcfA. 

Department of Foreign Affairs, Montevideo, February 6, 1832. The Minister, Secre- 
tary of State and Foreign Affairs, has the pleasure of writing by direction of his Govern- 
ment to the Minister of the corresponding department in the Province of Buenos Aires, 
and of advising him that in connection with the arrival at this port of the United States 
sloop of war " Lexington " returning from Malvinas and carrying a number of colonists 
and slaves seized and carried away from that island, as belonging to the establishment of 
Senior Vernet, the Government of Uruguay, not being duly advised with regard to the 
conduct of the commander of the " Lexington ", was unable to prevent the secret landing 
on the coast of_this port of the families of the colonists taken from the islands. This 
being the case, it considered itself under the obligation to offer them the hospitality and 
aid to which they were entitled on account of their misfortune and their place of origin. 
In the meantime the Government intervened with the commercial agent of the United 
States, desirous of recovering the slaves at least, and saving a part of the property 
destroyed, and succeeded to its great satisfaction in securing their transshipment and in 
placing them, as shown in the enclosed list, at the disposition of your Government 
through the intermediary of the Minister, to whom the undersigned has the honor to 
transmit it by the packet schooner " Flor del Rio ". The undersigned has the honor to 
remain, etc. etc. (Signed) SANTIAGO VASQUEZ. Comandancia de Matriculas and 

Capitania del Puerto, Buenos Aires, February 7, 1832, 9 P. M. The Adjutant of the 
port, Don Pedro Ximeno [Ximenes?], has just landed after inspecting the Uruguayan 
packet schooner Flor del Rio from Montevideo, which port it cleared yesterday, carrying 
Mr. Henry Metcal [Metcalf], Provisional Commandant of the Malvinas Islands, and 
Dr. Guillermo Dikson [William Dickson?], a Dutch merchant, established there, as well 
as thirteen negro slaves belonging to Senor Vernet, and both of them at the same time 
made the following declaration: that on December 3ist last the United States sloop of 
war Lexington arrived at the port of Soledad, and that her commander immediately 
landed armed men in three boats, making prisoners of those persons who could not 
escape from their fury, to which they gave vent with impunity, as they met with no 
resistance (about fifty persons, however, having escaped and fled to the interior of the 
island); that all the skins that Senor Vernet had stored he shipped on an American 
schooner, delivering them to the Captain of the Harriet that Mr. Vernet had brought to 
this port; that, secondly, they spiked the artillery and set fire to the powder, and that he 
at once set sail for Montevideo where he arrived on the 3rd instant: that he landed the 
deponents there and transshipped to the packet Flor del Rio the thirteen negroes of 
Senor Vernet whom the undersigned placed on the schooner Sarandi pending the deci- 
sion of the Government, adding that the commander of the Lexington left in irons on 
board his ship seven natives of the country who were there as peons, and that he sailed 
away with them on the 5th instant to take on water in the Rio de la Plata, and probably 
in the channel, carrying also among his prisoners the English captain Brisbane, who had 



212 PART II: COMMUNICATIONS FROM ARGENTINA 

Footnote i, page 211 Continued 

business in that settlement; they also add that the German families who were in the 
Malvinas came to Montevideo on the Lexington, and that, before going aboard, the 
latter killed the milch cows which Senor Vernet had lent them for six years, and that 
they sold the hides to the captain of the Lexington; finally adding that this vessel, 
when it came within sight of the port, hoisted the French flag, and made signals request- 
ing a harbor pilot, undoubtedly in order not to alarm the inhabitants of the establish- 
ment, and that by this stratagem he succeeded in surprising them with impunity, 
although they had no way of defending themselves; in witness whereof, etc., there sign 
with me (Signed) FRANCISCO LINCH, HENRY METCALF, GUILLERMO DIKSON. 
Ministry of Foreign Affairs Buenos Aires, February 8, 1832 The Government hav- 
ing been informed by the despatch of the Comandante de Matriculas of the yth instant 
of the act of violence committed in the port of Soledad of the Malvinas Islands by the 
commander of the United States sloop of war Lexington, has ordered that the captain 
of the port proceed immediately to draw up a formal statement with regard to the facts 
reported, taking for this purpose the most circumstantial and ample declarations and 
giving the names of the citizens of this country whom the commander of the Lexington 
is keeping in irons on board his ship: which is communicated to the captain of the port 
that he may take appropriate action. (Signed) MANUEL J. GARcfA To the captair 
of the port. 

In compliance with the foregoing order, one of the persons who came from the 
Malvinas Islands was summoned, and after having been sworn in accordance with the 
rites of his Protestant religion, because of his statement that he is of that faith, through 
the person acting as interpreter in this Comandancia, the Adjutant of this post, Nava! 
Lieutenant Don Gregorio Bianqui, whereby he offered to tell the truth as to what he 
knew m reply to questions; and being questioned as to his name and occupation, he said 
that his name was Henry Metcalf and his business that of a. merchant, and that he was 
in the Malvinas Islands as a substitute for the Commandant of that establishment, Dor 
Luis Vernet, in his absence and pursuant to his order. Being asked how it happenec 
that he was in this port, and in what vessel he came, he said: that he came to this port ir 
the Uruguayan packet schooner, "Flor del Rio", that he left the Malvinas Islands or 
the United States sloop of war Lexington, which he did because the commander of saic 
sloop took possession of the establishment of Malvinas and then proceeded to spike the 
guns, burn the powder, and have a proclamation posted by Captain Davison of th< 
United States schooner "Harriet" which was very alarming and dismayed all the in 
habitants, leading them to believe that in the future there could be no safety in thai 
place; that for that reason and for the purpose of bringing to Senor Vernet the documents 
and papers belonging to him, which he did not consider safe in the place, in view of thi 
hostile acts which he related, which were not the only ones, as he also broke into piece; 
all the arms which were there and threw them into the water, going so far also as t( 
permit Captain Davison, to place aboard the schooner Dart, Captain Heating [Keat 
ing?], all the sealskins which were sequestrated subject to the order of the prize court o 
this city, he considered it absolutely necessary for him to come and report what ha< 
occurred. Being asked on what day the American sloop of war Lexington arrived a 
the Malvinas Islands, how it entered the port, and whether, in addition to the hostil 
acts which he related, it committed others, he said: that on the 28th of December las 
the sloop cast anchor at a distance of about two leagues from the port, on account of thi 
wind, that on the sist it approached and cast anchor off the inner harbor of the Colony 
and from there sent a small boat belonging to the establishment which it had taken, witl 
sailors and an officer of the sloop, with an invitation, which was given to the deponen 
and to Mr. Matthew Brisbane in charge of fisheries, to go aboard, and that when the-; 
had done so, put Brisbane in irons, permitting the deponent to go ashore after twi 
hours, and the captain of the sloop Lexington immediately landed on the Island, wher 
he committed the acts already related, and had sentinels posted in several houses fo 
the purpose, as he stated, to prevent looting. Being asked whether the commander o 
the sloop Lexington carried any persons from the Island as prisoners aboard his vessel 
how many and what their names were, in case he knew, he said: that he captured am 
carried aboard all the men he found, namely, all the negro slaves of Don Luis Vernet 
i. e., those he found there, and about twenty-five inhabitants, whom he later sent ashor 
again, with the exception of seven whom he left aboard. Being asked whether he kne\ 
the names of those men who stayed aboard and to what country they belonged, he said 
that they were all natives of the country and that their names were Silvestre Nunej 



DOCUMENT 112: MARCH 21, 1839 

Footnote I, page 211 Continued 

liberty or remained aboard when the deponent left the sloop, whether they were loose or 
in irons, he said: that with the exception of Joaquin Acuiia, who was set at liberty m 
two days, they were still on board when the deponent left the sloop, and according to 
what he heard, they were handcuffed at night, and that on the day when the deponent 
left Montevideo he saw them on deck wearing the same handcuffs, one of them showing 
them to him from a distance, being unable to approach, as he was prevented from doing 
so by the watch of the sloop. Being asked whether, when the commander of the sloop 
Lexington landed on the Island of Malvinas with an armed force, he seized anything 
besides the sealskins mentioned, and whether any of the persons who landed with him 
aided in such action, he said: that as soon as he had landed he told Captain Davison to 
take everything that he believed to be his, and that the latter accordingly took posses- 
sion of a boat with oars, and some other things from the warehouse of Don Guillermo 
Dickson [Dikson?], and some muskets from the house of Don Luis Vernet, all of which 
they took aboard the vessel where they took the skins. Being asked under what flag 
the sloop Lexington hove in sight of the port of Soledad of the Malvinas Islands, he 
said: under the French flag, and [with] a signal at the prow as if to call for a pilot. 
Being asked whether the landing and the attack were effected under the same French 
flag; whether any notice was previously given, and whether there was any casualty, he 
said: that he did not know under what flag the landing was effected, because a little hill 
prevented him from seeing it; that it was not preceded by any warning, nor was there 
any casualty whatever, as no resistance was made for the reason that there was no sus- 
picion that a hostile act was to be committed. Being asked whether he could give any 
further information with regard to this disagreeable event, he said: that Captain 
Davison had circulated alarming statements which were to the effect that the Supreme 
Government of this Province and all the people had been greatly displeased by the 
seizure of American vessels, and that the higher authorities had offered to release and 
restore his vessel, which he did not wish to accept until they first indemnified him for all 
the damages which he had suffered and for which he was making claim. That the cap- 
tain of the sloop Lexington had publicly disseminated the rumor that the establishment 
might suffer injuries in the future, because the whaling vessels of New York would unite 
to punish by themselves any interference with their fishing: that such assertion caused 
much dismay among the population, for which reason and on account of the open 
manner in which the commander of the sloop Lexington received on board his vessel 
anybody who wished to ship with him, all the families and the slaves left, only a few 
peasants remaining with a guarantee in the form of a document given to them by the 
commander of the Lexington, so that no American vessel would do them injury, to the 
end that they would supply meat when necessary to those arriving at the Island. Being 
asked whether he had anything to add to this statement, which was taken down in his 
name, he said: that he observed that he had not replied to the question put to him as to 
whether other persons had helped in looting the Island, in which case he must say that 
Sperl, Schmidt, and Fenser killed several milch cows which were not theirs, in order to 
sell the flesh and the hides to the commander of the sloop Lexington; that he said that 
they were not theirs because, according to the books of Senor Vernet, they had not paid 
for them, and because he believed that the first of these men had never had them; that 
he must also add that Senor Julio Grosse placed a sign over the door of his house dis- 
crediting the establishment, and which he would not erase, despite the suggestions of the 
deponent and of Mr. Matthew Brisbane: and that he must add, for what the statement 
might be worth, that despite the fact of its having been said to him later that the com- 
mander of the Lexington left this port in haste to search for seven American sailors, who 
had remained on the Island of Statenland, he remained fifteen days after his arrival at 
the Malvinas Islands, before he ordered a search made for these persons by the schooner 
Dash [Dart?] which he chartered for the purpose, and which was to stop first at two or 
three points on the Malvinas Islands. That what he has said is the truth, by virtue of 
the oath which he took, and which he confirmed and ratified after it had been read to 
him by the interpreter, with the statement that he is a citizen of the United States of 
North America, twenty-seven years of age, unmarried, and signs with the Commandant 
in charge of Registration and Captain of the Port (Comandante de Matnculas y Capi- 
tdn del Puerto) , and with the interpreter in Buenos Aires on February 9, 1832. Signed 
FRANCISCO LINCH HENRY METCAL[f] GREGORIO BIANQUI MANUEL SARMIENTO. 

Thereupon another of the persons who came from the Malvinas Islands was sum- 
moned, who, having been sworn in the prescribed form because of his statement that he 
is of the Apostolic Roman Catholic religion, and having offered by virtue thereof to 
tell the truth to the best of his knowledge in reply to questions asked of him and being 



214 PART II: COMMUNICATIONS FROM ARGENTINA 

Footnote I, page 211 Continued 

questioned as to his name and calling, said: that his name was Guillermo Dicks 
[Dikson?], and that he kept a store in the establishment of the Malvinas Islands. Bei 
asked in what vessel he came to this port and whence he came, he said: that he came 
the Uruguayan packet, " Flor del Rio " from Montevideo. Being asked why he was 
Montevideo, in view of his statement that he was established in the Malvinas, he sai 
that as the whole population of the Island had been driven out by reason of the t 
pleasant occurrence, i. e, the attack made by the commander of the American sloop 
war, Lexington, he collected his belongings and brought them to Montevideo, becau; 
although the said commander had given him for his protection the document exhibit 
in this act, it appeared to him, however, inadvisable to remain alone. Being ask 
what was the occurrence to which he referred in his reply to the preceding questic 
and how the captain of the American sloop conducted himself on arriving at the port 
Soledad of the Malvinas Islands, and on what day he arrived there, he said: that on t 
last day of December, the sloop Lexington having cast anchor at about two leagi 
from the port, arrived at or approached the port, that immediately on casting ancho: 
boat was sent, with sailors and an officer, to call the deponent, and on his refusal to j 
they forcibly carried him aboard, and the commander having asked him by wt 
authority he took American vessels, the deponent replied that he was only attending 
his business. Captain Davison said: some things belonging to me are stored at t 
house of this store-keeper, and then the captain told him to go ashore and stop interferi 
with American vessels; and that on the following day the commander went with Q 
tain Davison to his house, and when the former told the latter to take what he thouj= 
was his, Davison took some trifles which belonged to him, such as a few bags of arnmu 
tion, a few boat keels, some other loose parts of boats, seventy-five pounds of le 
sheets, several boat oars, some powder, and two kedge-anchors, which had been 
questrated. Being asked whether the commander of the American sloop did any otl 
damage to the establishment of Malvinas, he said: that he spiked the guns, burnt 1 
powder, and broke a large chest which served as a magazine, and which was then burn 
by the sailors of the sloop; that he took various arms, and after having broken them i 
threw them into the water: that they took a number of muskets from the house of t 
deponent, and from that of Don Luis Vernet, which they gave to Captain Davison, w 
took them aboard the schooner Dart, and that the sailors of this same sloop broke 
and burnt a small boat of the establishment. Being asked whether he took any perse 
from the Island and what he did with them, he said : that on the same day that they tc 
the deponent aboard, they seized all they found who could not take to flight, [and] whi 
they later set ashore, eight persons remaining aboard. Being asked what their nan 
were, to what country they belonged, and whether he took them along when he wi 
drew from the Island, he said: that with the exception of Joaquin Acufla, they were 
taken, and that their names were Domingo Balleja, Silvestre Nunez, Juan Placii 
Dionicio Heredia, Jacinto Correa, Manuel, who is a Charrua Indian, and Mr. Matth 
Brisbane, six of whom belong to the country, and that the last named is a nat 
of England. Being asked whether the commander, on landing at the Island with 
armed force seized anything from the establishment and whether any of the persons \\ 
sailed with him also took part in the looting, he said: that they took the sealskins wh 
were sequestrated at the disposition of the prize court, and the other things which 
mentioned in replying to the preceding questions; and that Schmidt, Fenser, and Sp 
killed a number of milch cows which were not theirs, in order to sell the flesh and i 
hides to the commander of the sloop. Being asked under what flag the commander 
the sloop Lexington arrived in the port of Soledad, he said: under the French fl 
Being asked whether he landed and made the attack under the same flag, whether a 
notice was given in advance, and whether any casualty occurred, he said : that he i 
not notice whether he had a flag or not when landing, that no notice was' given in i 
vance, nor was there the slightest casualty. 

Being asked to whom the commander delivered the skins which he seized on 
Island, and where he sent them, he said: that they were delivered to Captain Davis 
who loaded them on the schooner Dart destined to North America, which was to stof 
several points on the Malvinas Islands and then go and get the sailors who had 
mained on the Island of Statenland, and which set sail about January I7th. Be 



DOCUMENT 112: MARCH 21, 1839 215 

Footnote i, page 211 Continued 

caused him, and for which he claimed compensation. That the commander of the 
Lexington also circulated the rumor that there would always be an American sloop of 
war to prevent anybody from interfering with their fishing and to prevent captures in 
the future; and that he posted a proclamation over the door of the house of Don Luis 
Vernet in which it was declared that the acts which had been committed against 
several American vessels were piracy, that as a result of these acts and the offer of the 
commander of the Lexington to receive on board his vessel anyone who wished to leave 
the Island, it had been nearly deserted, as all the families had'left and only a few peas- 
ants remained. That this was all that he knew and is prepared to declare, in regard to 
the matter, and that by virtue of the oath taken, everything he said is the truth. He 
states that he is a native of the Island, is 26 years old, and unmarried, and he signs 
with the Comandante de Matriculas y Capitan del Puerto. In witness whereof etc. 
Signed GUILLERMO DICKSON [Dikson?] FRANCISCO LINCH MANUEL SARMIENTO. 

On the tenth of the same month and year a person was summoned who came last 
night in the Uruguayan packet schooner, "Rosa" from Montevideo, and was detained 
by the wharf guard, who, after taking the required oath, whereby he offered to tell the 
truth to the best of his knowledge, in reply to questions; and being questioned with re- 
gard to his name, occupation, and origin, said: that his name was Julio Brosse [Grosse?], 
occupation that of a navigator, and that he came from the establishment of Malvinas, 
having stopped at Montevideo, whence hecame to this city, to look after the maintenance 
of his family and to collect some money for this purpose. Being asked whether he 
was in the establishment of Malvinas when the American sloop of war Lexington ar- 
rived there, he said: that he had been there for some time. Being asked whether the 
sloop Lexington entered the port directly or whether she anchored outside, and at what 
distance he said: that on account of her facing a head wind and the weather being 
stormy, she anchored at a distance of three leagues from the establishment, not having 
been able to enter, despite her manceuvers for this purpose. Being asked what flag the 
sloop was flying when she anchored at the place mentioned, he said: the French flag, for 
which reason the deponent thought it was some French whaler, as whalers of that 
nationality are in the habit of going there. Being asked how many days after casting 
anchor the sloop Lexington entered the port, and what were the acts of her commander, 
he said: that it seemed to him that she arrived at the port in about three days, which he 
cannot state with certainty, as, owing to the fact that he believed her to be a whaler, he 
paid no attention to her; that in a short time after her anchoring, the deponent being at 
home, a neighbor came and told him that they had taken Mr. Matthew Brisbane and 
Mr. Henry Metcalf as prisoners to the sloop, that the deponent immediately went out 
and saw armed men marching through the town, and that the officer in command of 
them took aboard all who had no horses and did not take to flight; that on their reaching 
the sloop, her commander began to question them as to whether they had taken part in 
the capture of American whaling vessels which had occurred, and on the deponent's 
reply that he had in fact aided as an agent, by virtue of the order from the one who was 
recognized as Governor and proprietor, Don Luis Vernet, that on the afternoon of the 
same day they were all set free, with the exception of seven or _eight whom he kept 
aboard, one of whom he also released two or three days later. Being asked ^whether he 
knew the names of the persons whom he alleged the commander of the Lexington kept 
aboard, and to what country they belonged, and where they were sent later, he said: 
that the names of the persons who remained aboard were Domingo Balleja, Silvestre 
Nunez, Juan Placido, Dionicio Heredia, Jacinto Correa, a Charrua Indian named 
Manuel, Mr. Matthew Brisbane, and Mr. Joaquin Acuna; that all of them, with the 
exception of Brisbane, who is English, are natives of the country, and with the exception 
of Joaquin Acuna, who, as stated, was set at liberty three days or more later, he kept 
them on board and took them with him when he left for Montevideo, and when the 
deponent left said port they were still aboard the sloop. Being asked whether he knew 
or had heard that these persons had been put in irons by the commander of the Lexing- 
ton, he said: that when they were anchored in the port of Malvinas, he had them hand- 
cuffed, that when they set sail he took the handcuffs off during the day and put them on 
again at night, and that as soon as they arrived at the port of Montevideo, he kept 
them in irons night and day. Being asked whether when the commander landed at 
Malvinas he seized anything from the establishment, and whether any of the persons 
who sailed with him took any part in the looting, he said that he had heard that while 
the deponent and others who were taken remained on board as prisoners, the commander 
of the Lexington threw the guns into the water and scattered or burned the powder, and 
collected all the arms that were in the town, broke them into pieces and threw them into 



216 PART II: COMMUNICATIONS FROM ARGENTINA 



Footnote I, page 211 (. 

the water; being unable to answer the remainder of the question, because of having been 
a prisoner as stated, and that when he went ashore again he was always afraid because of 
seeing the others taken prisoners, and remained in his house. Being asked whether he 
knew or had heard that the commander of the Lexington seized some sealskins which 
were sequestrated and some other things which were kept in the store of Don Guillermo 
Dickson [Dikson?], he said that the deponent was present when the skins in question and 
some other things were seized, because of the authority which the commander of the 
Lexington gave to Captain Davison to take anything which he recognized as his prop- 
erty and that of the other American vessels which had previously been captured, and 
that the commander of the Lexington also took a launch which belonged to Don Luis 
Vernet by virtue of a contract which had been made relative to its sale; that he turned 
this launch over to the possession of those who went in it, giving them written authority 
to engage freely in fishing and also giving them muskets and powder for their defense in 
case of necessity. Being asked where the skins and other articles which were under 
sequestration were taken, he said: that they were taken aboard a vessel which was 
about to leave for the Pacific and then return to North America, and placed at the 
disposal of Captain Davison. Being asked whether any persons of the establishment of 
Malvinas aided in the looting of the establishment which took place, he said: that the 
German families, Schmidt, Clain [sic] and Fenser and Mr. Sperl killed several milch 
cows of which they had charge, partly for their provisions for the voyage which they 
were going to undertake, and partly to sell to the commander of the Lexington, together 
with the skins which they also sold him. Being asked whether the commander of the 
Lexington and Captain Davison circulated any alarming rumors in the establishment 
which caused the inhabitants to abandon the town, he said: that the commander posted 
two proclamations in English, one on the door of the dwelling of the person acting as 
Governor, and the other in the grocery store, in which, so far as the deponent could 
understand, he declared all those who had taken part in the capture of the American sealing 
vessels to be pirates, that he was going to capture and punish them as such ; that this 
commander and other persons who accompanied him publicly stated that Don Luis 
Vernet would not return to the place, as all the American sealing vessels were lying in 
wait for him, in order to capture and hang him in case he returned, the said commander 
emphatically stating that he did not doubt that they would do so, as men from New 
York always did what they said they would. Being asked whether when the captain of 
the Lexington landed in the establishment he was flying the French flag, which he had 
hoisted when he anchored outside, he said: that while he was searching for the port he 
flew the French flag, that when the anchor was being cast he did not see whether he was 
flyinga flag, that after beingtaken on board he saw the American flag fly ing. Beingasked 
whether the families who were in the establishment of Malvinas were invited by the 
commander of the Lexington to leave the place, he said: that all the inhabitants in 
general were invited to leave by the commander of the Lexington, with the under- 
standing that free passage would be given them, for which reason, and on account of the 
fears which the things that had been done and the rumors which had been circulated 
caused them, which he had already stated, all the families left, only two women, who 
had been banished by the authorities of Montevideo, remaining, as well as a few 
peasants who had taken flight. (Not on horseback.) Being asked whether it was 
true that the deponent placed a sign on the door of his house, what it said, and whether 
in spite of having been advised by others to erase, it, he declined to do so, he said: that 
he did in fact post the sign in question, that, according to his recollection, it read: 
that he was leaving this forsaken country -in order not to die of -want; that it was a desolate 
country with irregular summers; that he posted the sign without intending to injure 
anybody; but on account of the great amount of fruitless labor he had performed, suffer- 
ing great privations in the hope of results from fishing which he had undertaken, and 
some crops which he had sown; that he had been unable to make any progress in the 
former, and that the crops had all been frozen, added to which was the discouragement 
caused by the news circulated in that Island, as to the future, since the commander of 
the Lexington gave the assurance that on his leaving for the return trip, another war 
vessel would come to protect American fisheries (the same thing that he had heard from 
the Consul of the United States) ; that he did not erase the sign because he believed that 
the text thereof did no harm to anybody, that he feared that-if he erased it, it might be 
said afterwards that he had put something else there, which was improper, and that 
therefore he might be slandered, as the one who advised him to erase it, had formed this 



DOCUMENT 112: MARCH 21, 1839 21 7 

Footnote i, page 211 Continued 

regarding which he had been questioned, because on account of the fears to which he had 
already referred he remained in his house, and could not inform himself of everything 
which occurred, and that this was the truth, by virtue of the oath which he had taken. 
He stated that he was a native of the State of Genoa, thirty-eight years of age, married, 
and he signed with the Comandante de Matriculas. In witness whereof, etc. FRAN- 
CISCO LINCH JULIO GROSSY [GROSSE?] MANUEL SARMIENTO Translation. The 
Lexington having been here since December ayth for the purpose of investigating 
the circumstances connected with the capture and robbery of several American fisher- 
men, I have arrested such offenders as were within my reach. Guillermo Dickson 
[Dikson?], who followed the business of a retail merchant here, has requested me to give 
him a certificate to the effect that he took no part in those acts, and according to the 
best of my knowledge and belief Guillermo Dickson took no part in them. Signed S. 
DUCAN [DUNCAN] Berkeley Bay, Malvina Oriental [East Falkland], January 21, 
1832. Translator, Georgorio Bianqui. Translation. From the United States 
sloop Warren, anchored at Buenos Ayres, April 24, 1832. The undersigned Com- 
mander of the Naval Forces of the United States, stationed here, presents his compli- 
ments to the Minister of Foreign Affairs of the State of Buenos Ayres, and has 
the honor to advise him that on his arrival at Rio de Janeiro to assume command, 
the undersigned found in that port the sloop of war Lexington with the persons 
whom Captain Ducan [Duncan] had arrested in the Malvinas Islands, accused of 
having taken part in the illegal capture of several American vessels engaged in sealing in 
the vicinity of those Islands, and for various other unauthorized acts. It appears that 
before leaving Buenos Ayres Capt. Ducan [Duncan] desired to ascertain whether the 
persons indicated were acting under authority of your Government; and not being able 
to obtain any official statement regarding the matter, concluded that the circumstances 
justified him in considering them as having acted without any legal authority whatever. 
He then felt that it was his duty to proceed to the Malvinas Islands for the purpose of 
protecting and aiding his fellow citizens in the exercise of a right which they had always 
enjoyed up to the present without interruption or dispute ; and to treat as pirates persons 
who were guilty of the outrages in question. And Captain Ducan [Duncan] was the 
more strongly induced to adopt said measure by his certain knowledge of the fact that 
the aggressions of which he complained were committed exclusively against the com- 
merce and the citizens of the United States of America. After this event, the Govern- 
ment of Buenos Ayres officially declared that the establishment of the Malvinas Islands 
was under its special protection, and that the person in charge thereof acted under its 
special authority. Consequently that Government is responsible for the improper 
conduct of its agents. The undersigned believes that by reason of this statement, the 
persons arrested by Captain Ducan [Duncan] are not at all responsible (except to their 
own Government) for their conduct in connection with the outrages mentioned. He 
will therefore set them at liberty, and will put them ashore at Buenos Ayres, at the dis- 
posal of that Government, as soon as he is informed in whose charge they are to be 
delivered. The undersigned, in adopting this measure, is proceeding without instruc- 
tions from his Government; but believes that it will be perfectly in accord with the 
sentiments which inspire him with respect to the Government of Buenos Ayres; and 
hopes that the Minister will consider this act as a proof of his desire to maintain a good 
understanding between the two nations. It is not the desire or the intention of the 
undersigned to discuss the question pending between the two governments; which he 
leaves to the agent duly authorized to treat of this and every other matter for negotiation, 
and whose early arrival at Buenos Aires was to be expected. In the meantime, the 
undersigned would regret it exceedingly if any event in the Malvinas Islands should 
necessitate the dispatch of a force to those waters for the purpose of protecting the 
Commerce of the United States. The undersigned avails himself of this opportunity to 
offer His Excellency, The Minister of Foreign Affairs, the assurance of his consideration, 
etc. (Signed) JORGE W. BODGERS [RODGERS?]. To His Excellency the Minister of 
Foreign Affairs, Seiior D. Visente [Vicente] Lopez. Buenos Ayres, April 24, 1832. 
The undersigned Minister of Foreign Affairs has brought to the knowledge of his 
Government the note dated today which the Commander of the Naval Forces of 
the United States transmitted to him from the sloop Warren, anchored in this port, 
in which, with reference to the events which occurred in the Malvinas Islands, and as 
a result of which he found several persons belonging to that establishment under 
arrest aboard the Lexington, he expresses his willingness to release them and place 
them ashore at the disposal of this Government as soon as he is informed as to the 
person who is authorized to receive them. The Government, being informed of the 



218 PART II : COMMUNICATIONS FROM ARGENTINA 

Footnote I, page 211 Continued 

decision of the Commander of the Naval Forces of the United States, has ordered 
undersigned Minister of Foreign Affairs to inform him that His Excellency, b 
desirous of relieving the situation of the -unfortunate citizens of this country refe 
to in the note, that they may be restored to their rights, has appointed the Adjui 
of this port, Don Pedro Ximeno [Ximenes?], to go aboard the Warren, and, a 
handing this reply to the Commander, to receive the said citizens and take t 
ashore. His Excellency, being also advised that the Commander of the N; 
Forces of the United States is acting without instructions, but in the belief thai 
Government will be in perfect agreement with the sentiments inspiring him with res 
to the Government of this Republic in adopting the measure in question, and in the i 
that this act will be received as a proof of his desire to maintain a good understate 
between the two nations, cannot fail to approve with due sympathy both the comm 
able proceedings of the Commander and the sentiments which have acutated tl 
The Government, being satisfied as to the justice of its cause, earnestly desires the e 
arrival of the agent who the Commander states is about to arrive, and is convinced 
the question pending between the two countries will be settled in a peaceful mai 
and in accordance with the principles of justice which distinguish the Government ol 
United States. The Minister of Foreign Affairs presents his respects, etc. etc. (Sigi 
VICENTE LOPEZ Comandancia de Matriculas y Capitania del Puerto. Bu< 

Ayres, April 25, 1832. The_ Adjutant of this Comandancia, Don Pedro Xime 
having left at eight o'clock this morning, with a paper for the Commander of the Un 
States Naval Force, anchored in the outer harbor, and it being the duty of said adju 
to take on his return the persons who were taken prisoners by the sloop Lexingtoi 
Malvinas; the undersigned expresses the hope that the Minister of Foreign Affairs 
kindly give him instructions as to whether he is to allow them to withdraw freel; 
landing from the vessel or whether he is to detain them until further orders, 
undersigned presents his respects to the Minister of Foreign Affairs, etc. . '. . FJ 
Cisco LINCH. The Minister of Foreign Affairs. Buenos Ayres, April 25, i 

In reply to the Captain of the Port, he is directed to take from the persons who i 
made prisoners in Malvinas by the commander of the United States sloop of war Lex 
ton, at the time of their landing, a detailed statement as to what they witnessed in 
Malvinas Islands, and of the manner in which they have been treated throughout 
time of their imprisonment, and then to set them at liberty immediately. (Sig 
LOPEZ. Buenos Ayres, April 25, 1832. Acting on the note of even date in w 

the Comandante de Matriculas y Capitan del Puerto asks for instructions a 
whether he is to allow the persons who were taken prisoners by the commander oi 
sloop Lexington in Malvinas to withdraw freely when they land, or to detain them i 
further orders: the Government has ordered that the Captain of the Port shall 
from said persons at the time of their landing a detailed statement of what they 
nessed on the Malvinas Islands, and of the manner in which they have been tre 
throughout the period of their imprisonment, and then immediately set them at lib< 
Communicated to the Comandante de Matriculas y Capitan del Puerto for his cor 
ance therewith. (Signed) VICENTE LOPEZ. To the Comandante de Matricul; 
Capitan del Puerto. At Buenos Ayres on April 25, 1832, in conformity with 

instructions of the present order, immediately on landing Mr. Matthew Brisb 
after the formality of taking an oath in accordance with the rites of his religion w 
he declared to be Protestant, and which was administered through the interpreter, 
Gregorio Bianqui, Adjutant of this Comandancia, and by virtue of which he offere 
tell the truth to the extent of his knowledge in reply to questions put to him, being a 
whether he was in the establishment of Malvinas in December of last year, \ 
the United States sloop of war Lexington arrived there; he said that he was tl 
Being asked whether the said sloop came directly to the port , whether she anch 
outside, under what flag, and what in particular had occurred, he said: tha 1 
the 28th of December, the sloop anchored at a distance from the Port under 
French flag, which she flew until night; that on the 3ist she entered the port wit 
any flag, and after casting anchor, sent a boat ashore with armed men, which 
belonged to a launch owned by Don Luis Vernet, which the sloop had previc 
taken, that the officer who was in command of this boat took the deponent 
Don Enrique McCalvs [evidently meant for Mr. Henry Metcalf] as prisoners ab 
the sloop, and that immediately other boats landed and took all the people 
were able to take from the Island; that he learned on board the vessel thai 



DOCUMENT 112: MARCH 21, 1839 2IQ 

Footnote i, page 211 Continued 

amusing themselves, that he also learned while aboard that they had committed other 
lawless acts, looting the store and doing other damage; that he also learned through 
Captain Keating of the schooner Dash [Dart?] that he had on board sealskins beloneine 
to the deposit left by the schooner "Superior" in the Malvinas, which had been shipped 
by Captain Davison of the captured sloop "Harriet" by order or permission of the 
sloop of war Lexington". Being asked while aboard the sloop of war Lexington what 
was the conduct of her commander toward the deponent and others whom he took 
pnsone^ on the Island, he said: that as soon as he came aboard, the commander 
treated him badly, calling him a pirate and thief, saying that he deserved to be hanged 
ordering him to the messroom of those of the lowest rank on the vessel, that he heaped 
the grossest insults on the others, especially six persons said to be citizens of this Repub- 
lic, and put handcuffs on them and kept them on for some time, day and night while 
they remained in the port, but at sea, only by day, until they were transferred on the 
sixteenth instant to the schooner Warren. It should be stated that he had a particular 
grudge against one of these persons who had acted as watch on the " Harriet", and that 
he drew his hand around the neck of another when they took him aboard in Malvinas 
giving him to understand that he was to be beheaded, and that the conduct of the 
commander of the Lexington toward them was very harsh, but when they were transferred 
to the schooner Warren everything changed, as they were treated there with the greatest 
humanity, being placed on the same footing with the others of the crew in the mess- 
room, which was not done aboard the Lexington, and receiving some help in the form 
of clothes from the officers to supply their lack of clothing suffered while aboard the 
Lexington, and that this is all that he can state regarding the matters concerning which 
he has been questioned; that this is the truth, in accordance with the oath which he 
took, which having been read and explained by the interpreter, he declared to be cor- 
rectly written, and therefore affirms and ratifies it, with the statement that he is thirty- 
two years of age, unmarried, a native of Scotland, and signed it with the interpreter on 
the day when it was written. MATTHEW BRISBANE GREGORIO BIANQU! FRANCISCO 
LINCH. On the same day there was summoned another of the citizens who were 

set ashore, who said that his name was Jacinto Correa, took the formal oath, and offered, 
in conformity therewith, to tell the truth to the best of his knowledge in reply to ques- 
tions, and being asked whether he was in the establishment of Malvinas when the 
United States sloop of war Lexington arrived there at the end of last year, said that he 
was there as a resident of the Island. Being asked what was the conduct of the com- 
mander of the Lexington, whether he entered the port directly, under what flag and, in 
particular, what occurred then, he said: that on the 2/th or 28th of December, the sloop 
anchored at a distance, but within the entrance, under the French flag, which she flew 
until the thirty-first when she entered the port, where, after anchoring, she hoisted the 
American flag, and immediately sent a boat ashore with armed men, who took Captain 
Brisbane, who had remained in the place of Don Luis Vernet, and Mr. Edward Henry 
McCalvs [Metcalf], who had run to the wharf to see the sloop; that other boats then 
came and the crews took all the men they found and carried them aboard; that on the 
following day they put handcuffs on the deponent and the five others who came with 
the deponent, and kept them handcuffed until they were transferred nine days ago to 
the sloop Warren ; that when they arrived on board he said a number of apparently insult- 
ing things to them, which the deponent could not explain, as he did not understand the 
language; that the situation was very different after their transshipment, as they were 
treated with the greatest humanity, placed on the same footing with the rest of the 
crew in the rnessroom, and given some garments by the officers of the sloop to supply the 
lack of clothing from which they were suffering; that he heard it said while aboard that 
the commander, when he landed at Malvinas, committed various violent acts about 
which the deponent could give no particulars, because he was aboard the vessel and was 
not allowed to talk with anybody; that he also heard it said that he had posted handbills 
on the Island, declaring it to be free so that anybody who so desired might live there; 
that that was all he knew and could tell with regard to the matters on which he had been 
questioned; that he is thirty-seven years old, a native of the Kingdom of Portugal, and 
that he did not sign because he was unable to, but made his mark in the form of a 

cross 1 FRANCISCO LINCH. There was immediately summoned another of the 

citizens who were landed from the sloop Warren, who said that his name was Dionicio 
Heredia, who, after taking an oath in conformity with which he offered to tell the 
truth to the best of his knowledge in answer to questions, and being asked whether he 
was there when the United States sloop of war Lexington arrived, whether it entered the 
port directly, under what flag, and what was the conduct of the commander of that vessel, 



220 PART II: COMMUNICATIONS FROM ARGENTINA 

Footnote i, page 211 Continued 

describing the occurrences in detail, he said: that he was as a matter of fact in Malvin 
as a resident of the establishment; that on the 28th of December, the sloop anchor 
within the entrance, under the French flag, which she flew until the thirty-first, wh 
she entered the port where she anchored ; that after anchoring, she hoisted the Americ: 
flag, sent a boat ashore with armed men, and took away the person acting as Governc 
Mr. Henry [Matthew?] Brisbane, together with Mr. McCalff [Metcalf]; that he then se 
three boats ashore and that they took all the men they could catch, that on the next d; 
after their arrival on board handcuffs were placed on the deponent and those who h; 
come with him, and they were kept handcuffed until they returned from Brazil and we 
transferred to the sloop from which they landed today; that while they remained aboa 
the sloop Lexington they were badly treated by her commander; that he always call 
them thieves and pirates; that on the other hand, since they were transferred to the sloi 
from which they were landed today, they were treated humanely. That he learned wh 
on board that when they were at Malvinas the commander of the Lexington had coi 
mitted various acts of destruction on the Island, which, as he did not see them, he cou 
not describe in detail; that he also learned that he had posted handbills declaring t 
Island free for anybody who wished to live there; that this is all that he knows regar 
ing the matters with respect to which he has been questioned ; he said that he was thirty- s 
years of age, a widower, a native of Santa Fe, and being unable to sign his name, ma 

his mark in the form of a cross 1 FRANCISCO LINCH. There was then sui 

moned another of the same persons, who said that his name was Jose Domingo Balleji 
. [elsewhere Balleja] who, being duly sworn and asked whether he was in the establis 
ment of Malvinas when the United States sloop of war " Lexington " arrive 
whether she entered the port directly, under what flag, what was the conduct 
her commander, and what were the details of all that then occurred, said: that he was 
the Island as a resident thereof ; that toward the end of December of last year the slo 
Lexington arrived there and anchored off the Island of Soledad; that three days later s 
entered the port, still flying the same flag; that after anchoring and sending boats wi 
armed men ashore, she hoisted the American flag; that in the first boat to come ashc 
the person acting as Governor was taken, with Mr. McCalff [Metcalf], and in those whi 
came afterward all the men on whom they could lay hands were taken; that they set t 
foreigners ashore, took them aboard again, and carried them to Montevideo where th 
landed them; that handcuffs were placed on the deponent and his five companions t 
day after they were taken aboard; they being kept handcuffed for nine days, when th 
were transferred to the sloop from which they were landed today; that he learned aboa 
the Lexington that her commander had committed several acts of destruction on t 
Island, the details of which he cannot give, as he did not see them; that their treatme 
on the sloop Lexington was very harsh, the opposite of what they had on the sloop frc 
which they landed, where they received from the officers some garments to supply t 
lack of clothing from which they were suffering; that this is all he knows and can rels 
as to the matters on which he has been questioned, and it is the truth, as he has sworn 
tell it. He stated that he was twenty-one years of age, a native of Santiago del Este 
unmarried and, on account of being unable to sign his name, has made his mark in t 

form of a cross 1 On the same day a statement was taken from another 

the same persons, after the formality of taking an oath, whereby he offered to t 
the truth to the best of his knowledge in reply to questions. Being asked whetl 
he was in the establishment of Malvinas at the close of last year, when the Unit 
States sloop of war "Lexington" arrived, whether she entered the port direct 
what was the conduct of her commander, and what else then occurred, he said : tl 
on the 28th of December of last year, the sloop Lexington anchored off the Isla 
of Soledad, flying the French flag, that three days later she entered the port s 
under the same flag, that after anchoring, she sent several boats ashore w 
armed men, and the first one took the person acting as Governor and Mr. McC; 
[Metcalf], and the crews of the other boats took all the men on whom, they coi 
lay hands; that they set the foreigners ashore, took them aboard again, and carr 
them to Montevideo, where they left them; that the deponent and his five companii 
were kept aboard all that time; that they were handcuffed on the following day a 
kept handcuffed until they were transferred to the sloop from which they lane 
to-day, that the treatment which they received from the commander of the Lexingl 
was vprv harsh, as thev were even keot two davs and two nights without fo 



DOCUMENT 112: MARCH 21, 1839 221 

Footnote i, page 211 Continued 

destruction on the Island and that they had taken aboard all the poles and staves to 
burn them, as well as the hens which were there, and some iron bars, all of which was 
the property of Don Luis Vernet, posting handbills on the Island which declared it to be 
free from all sovereignty ; that this is all that he knew and could relate with regard to the 
matters on which he has been questioned. He stated that he was 25 years of age a 
native of Uruguay, and on account of being unable to sign his name, made his mark 
in the form of a cross ] FRANCISCO LINCH 

Immediately there was summoned another of the same persons who said that his name 
was Silyestre Nunez, who was asked, after being duly sworn, whether he was there when 
the United States sloop of war Lexington arrived, whether it entered the port directly, 
under what flag, what was the conduct of her commander, and was requested to state in 
full all that occurred. He said: that he was in fact on Malvinas Island as a resident 
thereof when the sloop Lexington arrived, that it was at the end of December of last 
year, and that she first anchored off the Island, where the cattle were, flying the French 
flag, which she kept flying until three days later, when she entered the port; that imme- 
diately on anchoring, she first sent one boat ashore and then three others, with armed 
men; that the first one took Captain Brisbane prisoner, and the person who was acting 
as Governor, Mr. McCalff [Metcalf], and that the crews of the other three took all the 
other men of the Island on whom they could lay their hands, and that she then hoisted 
the American flag; that the foreigners who were taken aboard were afterwards landed 
and then taken aboard again for passage to Montevideo, but that the deponent and his 
companions were kept on board all this time; that on the following day they placed 
handcuffs on his companions, haying placed them on the deponent as soon as he stepped 
on board, on account of his having acted as a watch on the schooner Harriet; that the 
irons were removed from him in order to transfer him to the sloop from which he landed 
today; that the treatment which they received from the commander of the Lexington 
was very harsh; that he threatened the deponent, when the latter came aboard, with 
hanging; that the food was very scanty, not amounting to three ship biscuits and a 
pound of meat, which vras given out for six men; that on the other hand, on the sloop 
from which they were landed, they were very well treated, the officers having given 
them help in the form of clothing; that he heard that the commander of the Lexington 
had committed many destructive acts on the Island, none of which the deponent wit- 
nessed, as he was a prisoner; which is all that he knows and is able to state under the oath 
taken. _ He stated that he was thirty-eight years of age, unmarried, a native of Cordova, 

and being unable to sign his name, he made his mark in the form of a cross 1 

FRANCISCO LINCH. 

There was then summoned another of the same persons, who said that his name was 
Manuel Antonio Gonzales, who, after being duly sworn, was asked whether he was there 
when the United States sloop of war Lexington arrived, whether she entered the port 
directly, under what flag, what was the conduct of her commander, and was requested to 
relate in detail everything else that occurred. He said: that he was in fact at Malvinas 
as a resident of the Island, that the sloop anchored off the Island where the cattle 
were, flying the French flag, which she continued to fly until the last Saturday of 
December, when she entered the port under the same flag; that immediately on anchor- 
ing she sent ashore a boat with armed men, in which were taken prisoners Captain 
Brisbane and Mr. MCalff [Metcalf], who had taken the place of Senior Vernet; and 
then three more boats came, the crews of which took all the men on whom they could lay 
hands, and then hoisted the American flag; that he heard while on board that they had 
committed many destructive acts, killing animals, carrying others aboard, together with 
some household goods; that on the following day handcuffs were placed on the deponent 
and four of his companions, as on the same day that they were captured Silvestre Nunez 
had been handcuffed; that they kept the handcuffs on them until nine days later, when 
they were transferred to the sloop from which they landed to-day; that the treatment 
received from the commander of the Lexington was very cruel and the food very 
scanty, consisting of about one pound of meat and two or three left-over ship biscuits, 
which was issued as rations for three men, but that since their transshipment they were 
very well treated and well fed, all of them even receiving help in the form of clothing from 
the officers; which is all that he can relate and is the truth, in accordance with the oath 
which he took. He stated that he is thirty-six years of age, unmarried, a native of 
Arroyo de la China, and on account of being unable to sign his name, he made his mark 
in the form of a cross 1 FRANCISCO LYNCH [LINCH]. 

Comandancia de Matriculas y Capitania del Puerto Buenos Ayres, April 25, 1832. 
In compliance with Your Excellency's order of even date, the undersigned has the honor 



222 PART II: COMMUNICATIONS FROM ARGENTINA 

signed has the honour to deliver to the Secretary of State will shew the meai 
employed and the mode of conduct observed by the said Commander i 
destroying the colony, which was done without any resistance whatever; I 
having himself rendered the artillery and other arms useless, burnt tl 
powder, disposed of public and private property at his pleasure, arrested an 
carried on board his vessel the superintendent of the fishery of the colon 
and kept imprisoned six citizens of the Argentine Republic for a long tim 
during which they were loaded with chains, and treated in a cruel mann< 
entirely contrary to the sentiments of humanity so peculiar to and cha 
acteristic of the civilized North American Nation ; it being at the same tin 
impossible to discover any motive which could justify such severe condui 
towards individuals who could not be responsible in any way for the 
obedience to a legitimate authority, and who from the smallness of the 
number could not have given any cause for alarm to the crew of a ship < 
war inasmuch as they were so long kept on board with their wives. 

The Undersigned may in consequence be allowed to present to the coi 
sideration of the Secretary whom he now addresses a succinct and true rel; 
tion of the circumstances which preceded this important event ; it will sen 
at the same time to shew the good faith and candour of the conduct of tl 
Argentine Government. 

It is well known to all nations that by the Revolution which commenced c 
the 25 th of May 1810 and the solemn declaration of Independence in i8n 
an association of Provinces under the title of United Provinces of La Pla1 
was constituted in the former Vice Royalty of Buenos Ayres; and that 
was recognized by the United States of North America, and by other nation 
This political association could not exist without possessing a territory, ina 
much as where the territory is not independent, there cannot be a Sovereig 
state; and thus as it acquired the right to this sovereignty so it likewis 
acquired the right to the property in the territory. The United Provinces i 
consequence succeeded Spain, in the rights held by that nation from which 
separated itself in the jurisdiction in question. The Malvinas Islands ha 
always been an integral part of that territory or Vice Royalty, and as sue 
they became a part of the property and dominion of the new America 
Republic These Islands were evacuated by the Spaniards in virtue of tl. 

Footnote I, page 211 Continued 

to submit for your consideration the statements taken from the persons taken prisone 
on Malvinas by the commander of the sloop Lexington, who were set ashore today fro 
the sloop Warren, surrendered by the Commander of American war vessels anchored 
the outer harbor and taken ashore by the Adjutant of this Comandancia, Don Fed 
Ximeno [Ximenes?], which persons have enjoyed complete liberty ever since they mat 
their statements. The undersigned offers his respects to the Minister, etc. etc. FRA: 
Cisco LYNCH [LINCH]. To the Minister of Foreign Affairs. 

A true copy 

MANUEL DE YMGOYEN, 

Chief Clerk of the Department of Foreign Affairs. 



- -v**"^**^ \_<i_fi,cii.ll\^V4. uy tin, illg\-llLl.J.iV-0 CLL oca, W ilU Cll UC1 CU. da OUUll dO 

and took possession of them. Thus in 1820 the Government of Buenos 
Ayres entered into formal and solemn possession of the said Malvinas Is- 
lands, through the agency of Don Daniel Jewitt, Colonel of its Marine. 
When this officer arrived at la Soledad, there were in that port and scattered 
about the adjacent islands more than fifty vessels of different nations which 
taking advantage of the momentary abandonment of the group, were engaged 
in fishing for amphibious animals and in killing cattle which had been carried 
there by the Spaniards. In the presence of the vessels lying at anchor 
at Soledad, Colonel Jewitt took possession, with twenty one discharges of 
artillery which he had carried on shore; and treating all persons with the 
utmost urbanity he gave them notice in writing of his having taken possession 
of the islands for the Argentine Republic and of the prohibition to fish and 
hunt cattle in the Islands under penalty of seizure and transportation of the 
delinquents for trial to Buenos Ayres In 1 823 the Argentine Government 
appointed Don Pablo Areguati Commander of the Malvinas islands, and the 
first colonists were sent out to settle there, and did settle there, under the 
direction of Don Luis Vernet, who was afterwards made Governor and 
Commander of the Islands by Decree of June 10^ 1829, by which the fishing 
for amphibious animals was at the same time prohibited on the land, and not 
in the seas, as has been supposed 

All the acts previously mentioned, of taking possession and of prohibition 
of fishing on the land were done publickly, and were officially published in the 
Gazettes of the Republic, without the slightest opposition or protest having 
been made on account of the said Decrees by the Charge d'Affaires of the 
United States then residing at Buenos Ayres It is here to be observed, 
that on the 19 th of December 1829, the pretensions of Great Britain with 
regard to the Malvinas Islands were for the first time communicated to the 
Argentine Government, by means of the protest made on that day by M r 
Woodbine Parish, the British Charg6 d'Affaires residing in Buenos Ayres; 
but that His Majesty's Government did not then put the slightest obstacle 
in the way of the establishment and advancement of the Colony, or to the 
laws by which it was regulated 

Thus it appears the Government of the Argentine Confederacy proceeded 
to take possession of the Malvinas Islands, as a territory designated and 
comprehended by the laws of Spain as a part of the former Vice Royalty of 
Buenos Ayres, subsequently erected into a free nation by the votes and forces 
of its sons; and that the right acquired by the Spanish Crown to that which it 
had discovered, conquered, possessed and occupied on the mainland as well 
as on the islands adjacent to that Vice Royalty had passed as a fundamental 
title to the Argentines, since they had by assuming a national and independ- 
ent station, become a Republic In the same manner as what had been 
discovered, conquered, possessed and occupied by England in the territory s,\ 

' 



224 PART n : COMMUNICATIONS FROM ARGENTINA 

and coasts of North America has passed to the people, with the exercise of 
jurisdiction which the United States duly appropriated to themselves 

It is also publickly known, that Spain has always been in possession of the 
Malvinas Islands, and that as soon as they were occupied by English or 
French Colonists, these latter were withdrawn in consequence of complaints 
made by the Court of Spain; that the trade and fishery in the islands, al- 
though at times the subject of serious controversies, was always resisted by 
that Nation, and its resistance finally consented to, from a just respect for the 
sovereign dominion exercised by it over them. It was upon the strength of 
these principles, that the Argentine Government, which had entered into 
possession of the rights of sovereignty formerly belonging to Spain, was able 
to carry into effect the prohibition of fishing for amphibious animals, within 
its shores and jurisdiction, subjecting to seizure and trial every vessel which 
should break such laws, and should by the very act, have placed itself under 
submission to the results. Thus it was that the Harriett with two other 
North American schooners, Breakwater, and Superior were seized by the 
political and military commander of the Malvinas, for having persisted in 
fishing, notwithstanding formal notice since 1829, that the vessel, and cargo 
would be both confiscated, if the fishing for amphibious animals should be 
repeated on those shores, which were under the dominion and authority of 
the Republic and occupied by a colony established under the protection of 
the Argentine Government 

The Harriett was sent to the port of Buenos Ayres, not only for having 
contravened the public prohibition against fishing in the territory of the 
Malvinas, but in virtue of an express and solemn agreement, concluded be- 
tween the Commander of the Malvinas, and Davison the Captain of said 
schooner, by which the latter person, rendered himself responsible to the 
Buenos Ayrean Government, for himself as also for Captain Congor of the 
Schooner Superior, in the suit which was to take place, respecting the seizure 
of those vessels, and their cargoes, before the tribunals of the country; and 
it could not, without the most gratuitous injustice, be presumed that any 
illegal decision would be previously made, or that Captain Davison and the 
others in his situation, would be deprived of the legal and customary means of 
defending their rights and interests. 

M r Slacum, the Consul of the United States at Buenos Ayres, as soon as he 
heard of the arrival of the schooner Harriett, Captain Davison, at that port, 
advanced an irregular question (or pretension) which he endeavoured to 
maintain, upon principles incoherent and by no means evident. Pretending 
to be ignorant of the principles upon which the Argentine Government had 
taken upon itself to seize Captain Davison, a citizen of the United States, he 
considered the act as calculated to disturb the friendship and good under- 
standing with the North American Republic. 

The Argentine Government had strong reasons for considering this step, 



DOCUMENT 112: MARCH 21, 1839 225 

as the precursor of others, which might place it under the necessity of re- 
pelling any interference on the part of M r Slacum, in the affairs relative to the 
Malvinas. It however limited itself at that time to replying, that the case of 
the Schooner Harriett was then going on according to judicial forms and would 
be decided agreeably to the laws of the Country. After this declaration, which 
meant any thing besides a National responsibility for the result of the suit 
commenced against the Harriett, and as on the one hand all the losses and 
damages which the persons interested might sustain were assured, while on 
the other the occurrences above mentioned were notorious, it was not to be 
expected that M r Slacum would persist. 

So far however from there being a termination of an affair, involving from 
its nature other questions of a higher order, and the discussion of which 
belonged to the two Governments, or to those possessing higher powers than 
a mere Consul M r Slacum proceeded, not only to deny in toto that the 
Argentine Republic possessed or ever had possessed, the right to seize Amer- 
ican vessels engaged in fishing in the Malvinas, but also to protest formally 
against all the measures which had been adopted in virtue of that right, 
including the decree published on the io th of June 1829, by which the Islands 
and the fishery among them were declared to be the property of the State, 
and an administrative authority was instituted in the name of the Argentine 
Republic; denying in consequence the right of sovereignty of the Argentine 
Government over those Islands. 

The importance of this protest may be conceived. Many years had 
elapsed since a colony had been established in the Malvinas, by direction of 
the Argentine Government, in presence of a Charge d'Affaires of the United 
States. The Commission issued on the io th of June 1829 appointing Don 
Luis Vernet political and military Commandant of those Islands, with the 
necessary authority and Jurisdiction, was published in the newspapers of the 
Capital as I have before observed; and neither did M r Forbes make the 
slightest complaint against this measure, nor did any individual of the 
United States come forward with any doubts as to the right on the part of the 
Argentine Republic, to dispose as it might think proper of a territory which 
belonged to itself, as recognised without contradiction by the same Govern- 
ment of the United States. On the other hand it was sufficient, from the fact 
that the Government of Buenos Ayres had the power to impose or raise the 
restrictions as of right it had, upon the fishery for amphibious animals in the 
Malvinas Islands, and that the seizure of the Harriett and the other two 
schooners was in accordance with the common law of nations, that M r 
Slacum's protest should be considered as an act entirely extra-legal and 
inconsistent with his Consular functions. The Argentine Government 
however limited itself to notifying that gentleman, that so far as concerned 
the case of the Harriett, he should direct his endeavours towards the ascer- 
tainment of the facts, in order to act in court, but that the authority with 



226 PART II : COMMUNICATIONS FROM ARGENTINA 

which from his protest he supposed himself to be invested could not 
allowed to a Consul. At this point the ministerial correspondence 1 
arrived, when M r Silas Duncan, the Commander of the U.S. Sloop of ^ 
Lexington, interfering improperly in the matter, under the pretext of p 
tecting the citizens, and commerce of the United States, went to the Malvi 
Islands, with the ship under his command, and destroyed the colony th 
established, committing at the same time all the other acts mentionec 
the body of this note 

This unexpected event which has outraged the dignity of the Argenl 
nation, places the undersigned in the painful though absolute necessit; 
compliance with the express order of his Government, of exacting as he r 
does, by this note, from the United States of North America, the m 
solemn and complete reparation of a grievance, which affects most nea 
the honour and dignity of the nation, wounded by the aggression commit 
at the Malvinas, by Silas Duncan the Commander of the United States SI 
of War Lexington 

The Argentine Government in fine trusts from the nobleness and rectit 
of the principles which characterize the United States, that they will 
justice to this demand, atoning in the proper manner for the irregular i 
above mentioned. 

The Undersigned on this occasion offers to the Secretary of State 
assurance of his most distinguished consideration and esteem 



113 

Alfred M. Slade, United States Cctnsul at Buenps Aires, to John Fors 
Secretary of State of the United States 1 

[EXTRACT] 

BUENOS AIRES, September i, 1841 

The interminable Blockade yet exists with little or no prospect of 
removal; in my opinion, the political affairs of the Country are in such c< 
motion & uncertainty as to enable me to give an opinion with regard to tl 
that what with the aid of the French to Lavalle and to all civil commoti 
that they have or will be able to create is also in my mind dubious. 

I have the honor however to inform you that rumour afloat in the Cit 
Buenos Ayres go far to support the conjecture that a conformation [( 

1 Consular Letters, Buenos Aires, vol. 5. The address is omitted, but it was evident] 
the Secretary of State. 
Alfred M. Slade, of North Carolina, was appointed consul at Buenos Aires on Septei 



, ill !.; J it. XT 



DOCUMENT 115: JULY 5, 184! 227 

firmation?] of those matters will soon occur, that I have also the honor to 
inform you that Governor Rosas has taken the field in person as the General 
of the whole forces of the provinces, that he has deputed the Minister of 
Foreign Affairs D r Felipe Arana Governor "ad interim", that Irigoyen 
represents the situation of S r Arana at present as Minister for Foreign 
Affairs. 

In addition I would say that with his Excy Gov? Rosas Minister Arana ad 
interim Governor of the United Provinces of Buenos Ayres and Irigoyen 
Minister of Foreign Relations, I have the pleasure to acknowledge a good 
understanding, with the kindness offered to me as the sole representative of 
the Government of the United States. 

I have the honor [etc.]. 



114 

Amory Edwards, Acting Consul of the United States at Buenos Aires, to John 
Forsyth, Secretary of State of the United States l 

[EXTRACT] 
No. i BUENOS AIRES, December 28, 1840. 

The recent removal of the Blockade of this by the French, has opened the 
Port to the Usual facilities for commerce. There are now in Port 26 Mer- 
chant vessels of the United States 6700. Tons Register, 60 English 20 
French 17 Spanish & 65 of other Nations. 188 in all. The Political state of 
the Country is yet very unsettled. The invading army under Gen! Lavalle 
is yet in the adjoining province of Santa Fe, and civil war will rage for some 
months. 

I have the honor [etc.]. 

115 

Amory Edwards, United States Consul at Buenos Aires, to Daniel Webster, 
Secretary of State of the United States 2 

[EXTRACT] 
No. 5 BUENOS AIRES, July 5, 1841. 

The fitting out of a Squadron here, to act against Montevideo, having 
been completed, several seamen, Citizens of the United States, have been 
pressed into the service of this Republic, and Continue to be detained on 
board the vessels of the Squadron now off Mont notwithstanding my repre- 

1 Consular Letters, Buenos Aires, vol. 5. 



228 PART II: COMMUNICATIONS FROM ARGENTINA 

sentations to the Minister of Foreign Affairs that they were illegal! 
tained. Also there are several citizens of the U. S. in the army whos 
charge from Military Service I have applied for. 



116 

Carlos Maria de Alvear, Argentine Minister to the United States, to L 
Webster, Secretary of State of the United States l 

[TRANSLATION] 
ARGENTINE LEGATION, NEW YORK, December 30, 18 

The Undersigned Minister Plenipotentiary Extraordinary of the A 
tine Confederation has the honour to acknowledge the receipt of the 
dated the 4 th instant from the Hon. Secretary of State 2 relative t 
affair of the Falkland Islands, as also the duplicate of the same; an 
copy of a note from M r Forsyth dated June 30 th 1840, respecting ce 
claims addressed to the Government of Buenos Ayres, in the case of tin 
Hope. 

The Undersigned considering it necessary for him to have some 
ferences with the Secretary of State before replying to his communic 
had formed the intention of going to Washington immediately on the r< 
of it, and he would have done so but for the deplorable state of his b 
He however thinks that he will soon be able to undertake the journey i 
course of the next week 

The Undersigned avails himself of this occasion to repeat to the Seer 
of -State the assurances of his high consideration and respect. 



117 

Amory Edwards, United States Consul at Buenos Aires, to Daniel W\ 
Secretary of State of the United States 3 

[EXTRACT] 
No. 1 6 BUENOS AIRES, July 14, it 

Lewis Vernet formerly Governor appointed by the Buenos Ayres Go- 
at the Falkland Islands, appeared at this Consulate, and obtained c 
cates of the genuineness of the signatures of several merchants and o 
to the documents he produced The documents relate to a claim he i 
on the Government of the United States, amounting to Two Hundre 

1 Notes from the Argentine Republic, vol. i. 

z See above, this volume, pt. i, doc.' 7. 3 Consular Letters, Buenos Aires, vol. 



DOCUMENT 119: MARCH 28, 1843 229 

seven Thousand silver dollars for damages sustained at the Falkland 
Islands by the visit of the United States sloop of War Lexington, Com- 
mander Duncan in Jan y 1832. 
I have the honor [etc.]. 

118 

Amory Edwards, United States Consul at Buenos Aires, to Felipe Arana, 
Minister of Foreign Affairs of Argentina l 

BUENOS AIRES, March 27, 1843, 

SIR: The undersigned Consul of the U. S. of America on the 21 s .* inst had 
the honor of receiving the communication of Your Exc y of 20*. h inst * in- 
forming him that the Government of Buenos Ayres had issued an order of 
the Com 1 : in chief of the Argentine forces off Montevideo, that no vessel be 
allowed to enter that port having on board, Beef salted or fresh or poultry of 
any kind, also enclosing an official copy of the order of the Buenos Ayres 
Government to the Commander in chief of the Argentine forces off Monte- 
video. 

The undersigned immediately on the receipt of the communication from 
Your Excy forwarded a copy to the Consul of the U. States at Montevideo 
also a copy to Commodore E. R. Shubrick on board the United States frigate 
Columbia off Montevideo, to which the latter has replied dated 25* "that 
the measure will be recognised by the naval forces under his command, 
altho' he had not received from the Commander of the Argentine Squadron 
off Montevideo any notification of the orders he had received. ["] 

The undersigned avails himself of this opportunity to assure Your Excy 
of his high esteem and consideration. 



119 

Amory Edwards, United States Consul at Buenos Aires, to Hugh S. Legare, 
Secretary of State of the United States 3 

No. 20 BUENOS AIRES, March 28, 1843. 

. SIR: I enclose with this a copy of a communication from the Minister of 
foreign affairs of the Government of Buenos Ayres, also a copy of the 

1 Consular Letters, Buenos Aires, vol. 6, enclosed with Edwards to the Secretary of State, 
No. 20, March 28, 184.3, below, this part, doc. 119. 

* Not printed. Its purport is here indicated. 

3 Consular Letters, Buenos Aires, vol. 6. When this despatch reached the Department, 
the Secretary of State was Hugh S. Legare, of South Carolina. He had served as Attorney 
General, prior to his being appointed Secretary of State ad interim on May 9, 1843, the day 
following the resignation of Daniel Webster; he died in office on June 20, 1843. Previously, 
he had been commissioned charge d'affaires to Belgium on April 14, 1832, and had left this 
post on June 9, 1 836. 



230 PART II : COMMUNICATIONS FROM ARGENTINA 

document enclosed by him, received at this Consulate on the 211* i 
relating to the blockade of the port of Montevideo by the Argentine Sqi 
ron in not permitting articles of war, or fresh provisions, to be entered in t 
port in neutral vessels, on and after the first of April Also I enclo: 
copy of my reply addressed to the Minister of Foreign affairs of the G 
ernment of the Argentine Confederacion dated 27 th Inst. 1 
Very respectfully [etc.]. 



120 

Amory Edwards, United Slates Consul at Buenos Aires, to Abel P. Ups t 
Secretary of State of the United States 2 



No. 30 BUENOS AIRES, November 20, 

SIR : At a recent private interview with the Minister of Foreign Affair 
the Argentine Government, when urging their attention to claims of citi; 
of the United States on this Government, I was informed that the Gov 
ment here would at once enter into liquidation and settle all claims on 
arrival of a Minister from the United States. 

The Argentine Government are very anxious to arrange for these clai 
as well as to conclude a treaty with the United States Government. E 
are very much wanted to put citizens of the United States on an equal f< 
ing with the citizens of those powers who have Treaties, and both will b 
once done if a Minister from the United States is sent near the Argen 
Government. Very respectfully 



121 

Amory Edwards, United States Consul at Buenos Aires, to Abel P. Ups 
Secretary of State of the United States 3 

[EXTRACTS] 
No. 33 BUENOS AIRES, January 23, 184. 

Sir: The Hon H. M. Watterson Special Agent, near the Govt of the 
gentine Confederacion having arrived at this city, my correspondence A 
the Department will be for the future, confined to the business of my of 

I have been for nine years past principally a resident at this city, 
have much pleasure in welcoming a Diplomatic agent, but I must con 
that I am extremely disappointed that he has not the commission i 
"charge de affaires". . . . 

^ee above, this part, doc. 118. The communication from the Minister of Fo: 
Affairs, also referred to as an enclosure with this despatch, has not been printed sina 

(""nnsiil'fi rpnK/ tn it r>f IVTai-r-Vi 0*7 t-Viic riai-l- Ar\r- TTQ -<vim n 1,. ',t-^ .-,,-, 4- /-.!-,- 



DOCUMENT 12 1 : JANUARY 23, 1844 23! 

In 1825 The British Government concluded a treaty with this, which 
places Br subjects on far better footing than the citizens born here, as they 
are allowed to own landed property and vessels, and are free from Military 
service, and many kinds of contributions. This treaty being so very favora- 
ble to the English, the present Government always felt sure of their friend- 
ship, as it was plainly their interest to be so, but during the difficulties with 
the French in 1838 39 & 40, when this port was blockaded, by a French 
squadron, no sympathy was shewn by H M s Govt and for the year past the 
intrigues of the Commander of H B M s Squadron in this River, has [have] 
prevented the Argentine Army from entering Montevideo, and the conclu- 
sion of the war. By English interference between the two belligerent par- 
ties, cival war has continued for a year longer than it could possibly have 
done, if left to themselves, and our Commerce has sustained a proportionate 
and great injury in consequence A few days since some correspondence 
was intercepted by which the present Government of Montevideo were treat- 
ing with the English Government, to sell them the Island of Goritas, a small 
Island with the best harbor in the River, situated at its mouth on the north 
side near Maldonado, which will be of immense importance to them as it is 
the key of, and, commands the River LaPlate The Government of 
Montevideo are besieged in that city by land, and water, and are willing to 
sell their churches to raise money. The English seem disposed to take 
advantage of it, and if they take possession of this Island, the interests of the 
United States will be much injured. The Government of the Argentine 
Confederacion find that their hopes of a friendly sympathy and understand- 
ing with Her Majesty's Government are not realized. 

There are a great number of French residents here, about 10,000, and in 
years past whenever there was any Revolution here, a portion of them have 
taken up arms uniformly against the party of Governor Rosas. In 1838 a 
French Vice Consul claimed about $40,000 as due French citizens for dam- 
ages, indemnifications &c &c and because it was not paid immediately, a 
blockade was put on, for near three years at an expence of four Milleon of 
Dollars to the French Government, who finally took the Blockade off on the 
Gov't paying $186,000, and making a treaty placing French citizens on the 
same footing as English now in the city of Montevideo ; there are 3 ,000 French 
men who have taken up arms against the army of the Argentine Govern- 
ment. The Government of the Argentine Confederacion have very little 
love or friendship for Frenchmen. 

The Brazilians have a treaty, made after the war in 1826, & 1827, but 
Spaniards and Portugueese never agree very well. 

The present Government of Buenos Ayres have often expressed to me 
their wish to form a treaty with the Government of the United States. It is 



232 PART II: COMMUNICATIONS FROM ARGENTINA 

pendence, were the first to call them into existance as a Republic, and t 
every favor and privaledge extended to any Nation should be extended 
the United States and its citizens. 

I much regret that M r Watterson has not a Commission as Charge 
affaires, Titles go very far here. The English, French, and Brazillian G 
have Ministers resident here, and this Government having a Minister r 
dent at Washington I had hoped a Minister would be sent here, as spe 
agent and without any other title, M r Watterson will labor under great < 
advantages and I earnestly beg the attention of the Government to t 
with the hope that he be appointed Minister, or at any rate Charge 
affaires, and that he be immediately empowered to negociate and concluc 
treaty which can now be done on extremely favorable terms, with 
Argentine Government. I look upon this as the first step and when tha 
done, but few difficulties will present themselves to the final arrangemen 
the just claims of citizens of the United States. Another difficulty prese 
itself to M r Watterson's settlement of claims When Capt Duncan visi 
the Falkland Islands in the sloop of war Lexington in 1831, some prope 
was wantonly distroyed there belonging to Argentine Citizens. The amo 
of the claim for this, will be small but there will be a claim to which 
Watterson must answer that he has no instructions to treat on that subj< 
The consequence will be that the negociations must be stopped, and 
Argentine Gov't, will be sure to avail themselves of the pretext, to 
further instructions from Washington. The question of the Falkl; 
Islands will be a most difficult and vexatious one. It is not for the Inte: 
of the Government of the United States, that those Islands remain in 
hands of the English. The acts of Vernet when Gov r . there were decide 
contrary to the laws of Nations and piratical, yet, the Argentine Gove 
ment in avowing that he was [as?] their officer take the responsibility, C 
Duncan's mode of rooting them out and distroying their settlement was 
very deplomatic. 

In giving the Department my ideas of this country it is with the obj< 
that the Government will see the necessity that our Diplomatic agent h 
may be placed on the proper footing, to secure the advantages, which r 
offer in producing that frank and friendly intercourse so much desired 
tween the two Nations, and the citizens of the U. S. residing here, feel t 
their interests, are worthy of being represented by a Charge de affaire! 
least, and by a treaty, as next to Brazil the Commerce from the Uni 
States to the Argentine Confederacion stands above that from the Uni 
States to all other south American States, and I think North American a 

My former letters have informed the Department regarding the Repu 

of T^aromira^r 1 ""Pl-m -a otti rnrirl of\ trm on + r\f fl-ua Tnr\ar\c*nAi*rt/->i* /-.f 4-1-m-i- T>^-> 



DOCUMENT 123: SEPTEMBER 8, 1844 233 

lie, will add greatly to the friendly feelings already evinced by that Govern- 
ment towards the citizens of the United States. Their Independence was 
acknowledged in 1821 by Brazil who sent a Charge de affaires to reside at 
Asuncion city, their Capital and recently it has been acknowledged by 
Bolivia. 

The provinces of the Argentine Confederacion with one exception enjoy 
peace, and prosperity The Argentine Army, have invaded the Oriental 
State of the Uruguay, to reinstate the Federal Governor in which they 
would have succeeded a year since, but for the interference of the Com! of 
the English Squadron. 

Respectfully [etc.]. 

122 

Harvey M. Walter son, Special Agent of the United States at Buenos Aires, to 
John C. Calhoun, Secretary of State of the United States l 

[EXTRACT] 

BUENOS AIRES, April 27, 1844. 

On the day before yesterday, a battle was fought which resulted in the 
death of some three or four hundred men on each side (at Monte Video). 
No quarter was given! What a terrible war but it cannot continue many 
months longer. The Frenchmen under arms at Monte Video, went through 
the farce, ten or fifteen days ago, of laying down their arms as Frenchmen 
and taking them up as Orientals. This satisfied the new French Admiral. 



123 

Harvey M. Watterson, Special Agent of the United States at Buenos Aires, to 
John C. Calhoun, Secretary of State of the United States z 

[EXTRACTS] 

BUENOS AIRES, September 8, 1844. 

SIR : Since my arrival in this city nothing has afforded me such high grati- 
fication, as the many evidences I have received, of the friendly feeling of the 
government of Buenos Ayres towards that of the United States and its 
citizens. Whilst the citizens of other nations are looked upon with jealousy 
and even hatred, ours are regarded as friends and countrymen. This happy 
state of things has been produced by the prudent and manly conduct of our 
naval and other officers, who, in no instance, have taken part in the civil 
wars, which unfortunately afHict this country, on the contrary they have 

1 Despatches, Argentine Republic, vol. 5. 2 Ibid. 



234 PART II : COMMUNICATIONS FROM ARGENTINA 

invariably adhered, both to the letter and spirit of their instructions, 
maintained the strictest neutrality 

To give any thing like a correct account of the origin and progress o: 
existing War between Buenos Ayres and the Oriental Republic, would 
task of much difficulty and but little interest. Every insignificant guei 
is magnified into an important battle, and both parties never fail to cla 
most splendid victory 

About eighteen months ago, the City of Monte Video, containing at 
time near fifty thousand inhabitants, was besieged by six or seven thou; 
Buenos Ayrean troops, commanded by General Oribe, who claims to be 
legal President of that Republic. Skirmishes between the two armies 
of almost daily occurrence, unimportant in their results, but evinci: 
savage cruelty, unwarranted and unsanctioned by the principles of civr 
warfare. Monte Video is defended, by some three thousand Frenchmen 
thousand Italians, fifteen hundred negroes, and less than five hun 
natives! A few months since the French Admiral, demanded that his o 
trymen should either lay down their arms or take off the badges of 1 
nationality in which latter event he would consider them beyond the 
of his protection. Between these alternatives they did not hesitate a 
ment. To a man they tore off their French badges, and forthwith unfi 
the Oriental flag, said it waved over the country of their adoption and 
would defend it to the last extremity. Should he capture Montevi 
General Oribe has threatened death to all these "savage Unitarian foreign 
and there is but little doubt, that he would execute it with as little hesita 
as he would lazo and slaughter so many wild cattle. With a knowledg 
this fact stareing them in the face, it will be no easy work to successfully st 
the City, as doubtless all are firmly resolved upon victory or death ( 
must come) at the point of the bayonet This barbarous war seems t 
just as far from its termination, at this time, as it did when I first sat 
foot on the shores of South America. Indeed it is doubted by some ol 
best informed men in the country, whether it is the policy of Gove 
Rosas, to terminate hostilities immediately even were it in his power, 
is compelled to maintain a standing army, and whilst they are empl< 
against the enemy in the Banda Oriental, there is no danger that their c 
will be turned against him at home; and consequently he is more fir 
seated in power, than if peace reigned throughout the province of the 
De La Plata. The partial blockade which has been placed upon the po 
Monte Video, operates less to the prejudice of our commerce than ah 
any other nation, as the introduction of flour rice, && are [is] not prohib: 
For more than two years, the intervention of England and France, for the 
pose of putting a stop to this war, has been confidently predicted, still no h 
vention has taken place, neither do I believe that either of those Governm 
will interfere, further than their own interests prompt them . . . 



DOCUMENT 124: SEPTEMBER 30, 1844 



235 



... I am greatly deceived if it is not the sincere desire of Gov Rosas to 
cultivate with the United States the most friendly relations. 
Very Respectfully [etc.]. 



124 

Carlos G. Villademoros, Minister of Foreign Affairs of Uruguay, to Robert 
M. HamiU&n, United States Consul at Montevideo x 

MINISTRY OF FOREIGN AFFAIRS, 
No. i GENERAL HEADQUARTERS, September 30, 1844. 

The undersigned, by order of His Excellency the President of the Republic, 
Brigadier General D. Manuel Oribe, begs to advise Mr. Robert M. Hamilton, 
Consul of the United States of North America, that on the 29th instant, the 
naval pilot boat of the Republic, Sancala, was captured by the squadron 
of the United States, the national flag under which it was sailing lowered, 
the flag of the United States hoisted in its place, the pilot boat taken into 
the port of Montevideo, according to advices in the possession of His Ex- 
cellency, and all persons composing its crew held on board the United States 
sloop, the crew, as well as the said pilot boat still being in the same situation 
up to the present time. 

A proceeding so extraordinary, sudden, and surprising-, the reasons for 
which His Excellency cannot understand and for which he cannot, so far 
as he is concerned, see that he has afforded the slightest provocation, has 
every appearance of being a violation of the neutrality which, in accordance 
with the measures taken by his Government, he had a right to expect from 
the agents and executive officials of the United States of North America, 
with which the Republic is at peace, and to which he has given no reason for 
complaint. 

It is for this reason that, in pursuance of said orders, the undersigned 
requests of Your Excellency the explanations which the Government, in the 
exercise of its natural rights, must demand in regard to an occurrence which 
in every respect claims the attention of His Excellency and the public. 

Confident that such explanations will be given, the undersigned remains, 
etc. etc. 

1 Notes from the Argentine Republic, vol. I , enclosed with Alvear to the Secretary of State, 
April 13, 1845, below, this part, doc. 139. 



236 PART II: COMMUNICATIONS FROM ARGENTINA 

125 

Carlos de Villademoros, Minister of Foreign Affairs of Uruguay ', to Robert 
Hamilton, United States Consul at Montevideo 1 

[TRANSLATION] 

DEPARTMENT OF FOREIGN RELATIONS, 
No. 2 HEADQUARTERS, October i, 1844 

The Undersigned has orders from the Most Excellent President of 
Republic Brigadier General Don Manuel Oribe to state to the Consul of 
United States of North America that yesterday the 30* ult. after o 
eluding the note 2 to him demanding explanations as to the detention of ' 
schooner of war Sancali belonging to the Republic under the flag of 
United States, His Excellency received information that the said school 
had been liberated and had arrived at the port of Buceo, for which reas 
it was not thought necessary to demand the liberation of the schooner a 
her crew. 

If this information had been correct, although it would not dimin 
the enormity of the acts committed by the Commander of the Squadron 
the United States, yet it might have been regarded, as a first step, toward 
just reparation. But as it since appears, that the schooner which arrived 
Buceo, was not the Sancala, but the vessel which supplies the squadron 
the Argentine Confederacy with meat, and which had also been taken, I 
had effected its escape by favour of the wind; since it is certain, that i 
Sancala remains to this moment, October i , under the American flag, in i 
port of Montevideo, and her Captain and crew are detained as prison 
on board the frigate belonging to the United States, contrary to all rea: 
and justice, and to the duties of neutrality, to which the agents and cc 
manders of that nation are subject, as often declared by you to His Ex< 
lency, the alarm excited by proceedings so extraordinary, and hostile, 1 
been increased; and His Excellency has ordered the Undersigned to s 
that whatsoever may be the explanations given with regard to the occurrei 
in question, he expressly demands above all, that you should take the pro] 
measures for having the said schooner, her captain and her crew restoi 
to the liberty of which they have been unjustly deprived 

In complying with this order the Undersigned assures the Consul of 
United States of his high consideration. 

1 Notes from the Argentine Republic, vol. I, enclosed with Alvear to the Secretary 
State, April 13, 1845, below, this part, doc. 139. 

2 Above, this part, doc. 124. 



DOCUMENT 126: OCTOBER 6, 1844 237 

126 

Felipe Arana, Minister of Foreign Affairs of Argentina, to Harvey M. 
Waiter son, Special Agent of the United States at Buenos Aires x 

[TRANSLATION] 

BUENOS AIRES, October 6, 1844. 

With the deepest regret the Undersigned, by order of His Excellency, the 
Governor and Captain General of the Province, has the honor to enclose to 
you, copies of the communication dated the I s * instant, 2 and other papers 

1 Despatches, Argentine Republic, vol. 5, enclosed with Watterson to the Secretary of 
State, October n, 1844, below, this part, doc. 128. 

2 This communication from Filton to Brown, enclosed with Watterson's despatch of Octo- 
ber ii, 1844, to the Secretary of State, is the following: 

Captain Juan Filton, by accident commanding the squadron off Montevideo, to Admiral 
William Brown, Commander-in- Chief of the Naval Forces of the Argentine Confederation 

[TRANSLATION] 
ON BOARD THE CORVETTE 25TH OF MAY, October I, 1844. 

General: I have the honor to inform you, that on the 29* ultimo, at 5 in the morning, I 
observed from my anchorage, a pilot boat under the Oriental flag, taking the direction to 
Montevideo, and running close along the north shore. At 7 o'clock, this vessel came up 
with the Republicano, which was, as well as my vessel, preparing to receive the other, 
believing her to be an enemy, but in consequence of the boldness with which she came 
among us, I judged that she must be one of the small vessels, which His Excellency 
Brigadier General Don Manuel Oribe, President of the Republic, was arming at Buseo. 
So it proved; and she having anchored between my vessel and the Republicano, I sent 
my boat on board, to examine her, with the order that her commander should come on 
board my vessel, which he did at half past seven in the morning, and delivered to me a 
letter from His Excellency the President. 

The Commander of the Pilot boat, informed me, that at a few minutes past 5 in the 
morning, he had chased and fired a musket at a fishing boat which being closely pressed 
took refuge near an American Barque, whose captain then on deck, was requested by the 
Captain of the pilot boat, to drive the fishing boat away; this was refused, and the pilot 
boat, not wishing to enter into a dispute with a neutral, was obliged to retire, leaving the 
fishing boat there; then entering the bay she took possession of two other fishing boats; 
meantime the American Barque hoisted her flag, which she had not before done; and 
sent a boat on board of the United States frigate Congress. 

Half an hour after the pilot boat called the Sancala had anchored, she sailed again to 
continue her voyage, and chased some other fishing boats, as far as Cape Seen. Whilst 
she was passing the above mentioned American Barque, she was taken possession of by 
the armed boats of the Congress, which had no doubt been waiting for her; her com- 
mander and crew were carried on board the frigate as prisoners, and a crew from the 
Congress having been placed in the Sancala, the flag and ensign of the United States 
were hoisted over her. 

This vessel having thus been transformed, was directed against the Schooner 9* of 
July, which was crossing to her anchorage, after being on service the day before. At 
this moment the Schooner passed within half cannon shot of the American Brig of War 
Bainbridge, when the Sancala, coming up with her, fired a musket with ball at her, 
ordering her immediately to anchor, and sent a boat on board. 

As the Commander of the 9* h of July was ignorant of what had occurred, he was sur- 
prized at this; and wishing to learn the cause of so strange a proceeding, he sent the boat 
as required, in which an officer armed came on board of his vessel, and informed him by 
order of his Commander, of the movements of the Sancala. 

Shortly after, the Congress approached this vessel, and placing herself at the distance 
of a dozen paces, fired a gun at her. Her commander called to me to haul down my 
flag, to which I replied, that there was no authority to order me to do so, and that I 
would only haul it down, in submission to force. He then repeated " I order you to haul 



238 PART II : COMMUNICATIONS FROM ARGENTINA 

thereto referring, dated from the I s .* to the 3^, from Don Juan Filton, Actii 
Commander of the Argentine vessels of War employed against Montevide 
to Don Guillermo Brown, the Commandant General in Chief, of the Squa 

down your flag," and I replied " I will not sir". He then went towards the Republicai 
which was under sail, and boarded her, after firing some guns at her. He obliged her 
anchor, sent an officer on board of her, who arrested Commander Crey and his office 
He demanded the keys of his magazine, and armchests and then came towards t! 
vessel. Having arrived within a dozen paces, he renewed his demand that I shoi 
haul down my flag, and having received the same answer, he fired a cannon with ball 
this vessel. Considering it useless to resist a force so superior, I replied by firing 
cannon with ball, and hauled down my flag. 

Whilst the Congress was near the Republicano I sent a boat under my officer, D 
Victor Fernando Elizalde, to ask the commander to be pleased to let me know t 
cause of this proceeding and to demand the restitution of the Republicano. The be 
was detained, and the officer and crew were made prisoners. When the frigate v> 
first alongside of me, I invited the commander to give me, or ask rne for, so] 
explanation; but he answered me rudely " I shall have no communication with you" 

The American commander sent two boats on board of my vessel, with several office 
among them was his first Lieutenant, who informed me that he had orders to send i 
on board of the frigate, which was done. The same was done with regard to the oil 
officers of the squadron. When I got on board of the frigate, her commander told i 
that he had taken these steps on account of what had taken place between the pilot be 
Sancala, and the American Barque, as he considered the former under my orders. HE 
ing been informed that this was not the case, he declared that I and the commandi 
and officers were at liberty. I replied that after the outrage committed on my flag 
could not take charge of the vessels; which had been under my orders; and that I h 
been thereby relieved from all responsibility, throwing upon his account and risk all t 
consequences under the most formal protest, which I made in presence of his officers a 
mine, as was my duty. He replied that on this matter I might act as I pleased. 

This protest I repeated in writing, of which I enclose a copy herewith, numbered 
and his reply to it numbered 2 

The fishing vessels with their crews, amounting to eight men, were set at liberty 
the said commander, by whose order also six Americans belonging to the crew of t 
Republicano were taken away, four of whom were naval officers, without deigning 
explain the reason. 

Finally, on leaving the frigate the commander declared to me his determination 
retain as prisoners the commander and crew of the Sancala, as well as that vessel, ur 
he could learn the determination of the Commodore, who is now at Rio de Janeiro. 

I have this day sent to the Commander of the Congress the despatch of which t 
copy number 3 accompanies this; and to this moment, seven o'clock in the evening, 
has made no answer. 

God preserve You Sir 

The documents numbered 1,2, and 3, mentioned in the latter part of the foregoing lett 
and also enclosed with Watterson's despatch to the Secretary, follow: 

No. i. Captain Filton to the Commander of the Naval Forces of the United States of tht 

port of Montevideo 

[TRANSLATION] 
ON BOARD OF THE ARGENTINE CORVETTE OF WAR 25 T . H OF MAY, 

September 29, 1844. 

SIR: I inform you that in consequence of the steps which you have thought proper 
take, respecting this squadron under my command, to the morning of this day, I ma 
known to you, hereby, as 1 did verbally, that I have no longer the least concern with 
and that I have ordered the commanders of my vessels, to abstain from giving a 
orders, and to be free from all the obligations which were imposed on them, by th 
previous situations, as regards any of the vessels under their command. 
_ Consequently, Sir, the Argentine Squadron remains in any event, entirely at yc 



DOCUMENT 126: OCTOBER 6, 1844 239 

ron of the Argentine Confederacy, and to request your attention to the un- 
expected proceedings of the Commander of the Naval forces of the United 
States, near Montevideo, on the 29^ ultimo, against the Argentine Squadron. 
The Government relying upon your well known capacity, hopes that you 
will disapprove (or reprobate) these proceedings, which, whilst they consti- 
tute a perfect violation of the neutrality which should be observed in the 
present war, have by their enormity and the circumstances attending them, 
exceeded the flagrant, violent and unjust acts committed in the Rio de la 

No. 2. Captain P. F. Voorhees to Commodore Juan Filton, off Montevideo 

[TRANSLATION] 

UNITED STATES FRIGATE Congress, 
OFF MONTEVIDEO, September 30, 184.4. 

SIR: I have had the honor to receive your communication 'dated yesterday; and in 
answer, I take the liberty to observe, that whilst your squadron respects the forces and 
the neutral rights of the United States, so long, and no longer, will I respect the forces 
and the belligerent rights of Buenos Ayres. 

Very Resp y . Sir 

No. 3. Captain Filton to the Commander of the Naval Forces of the United States of 

Montevideo 

SIR: With regard to the unfortunate events, which occurred on the 29* ultimo, and 
in which without my having committed the slightest infraction of the rights and the 
respect due to the flag of the United States, whose forces are under your orders, you 
resolved to make the Argentine vessels under my orders, haul down their flags, and to 
retain them as prizes, with other subsequent acts, I consider it my duty to address you, 
with the noble object of extenuating as far as possible, the consequences of such pro- 
ceedings, if you, turning back in your course, and considering the injustice with which I 
have been treated, and the unmerited outrage committed on my flag, should be ready 
to diminish it, without prejudicing your own dignity, or much less that of your flag. 

You cannot Sir be ignorant, that no act of mine nor of any of the vessels under my 
command, has given you the slightest offence. Nor can you complain of want of 
respect on my part, to the neutral rights of the United States; yet you have, with un- 
exampled want of propriety, set at naught all the respect due to men and to the law of 
nations. 

I am willing to persuade myself, that you have acted with the best intentions, and 
that your measures arose from an error, occasioned by wrong information; and I am 
confirmed in this idea, by your note of yesterday's date, in which you say, that you 
will respect the belligerent forces of the Argentine confederacy, so long as the neutral 
rights of the United States are respected. 

As I have not failed in my respect to those neutral rights, and you have not com- 
plained of such failure, I conceive that none has taken place; and I protest that I have 
not yet imagined any such. 

In consequence of these events, the squadron under my command has remained in 
inactivity; and I had the honor to protest to you, verbally on board of your vessel, that 
all the results, which may ensue, will be at your risk and account, as I consider myself 
prohibited from acting and proceeding according to the orders of my government, and in 
use of the rights of a belligerent. 

Nevertheless, after reflecting seriously upon this really very delicate subject, consider- 
ing that the Argentine flag has been outraged, without provocation on its part, or in- 
jury to the rights and honor of the United States, I conceive that I ought to expect rep- 
aration from your sense of justice, for what has occurred, with the more reason, as I am 
persuaded of the sentiments of honour and delicacy which characterize American 
Commanders. I therefore propose to refer this affair to the consideration of our re- 
spective Governments, that they may determine it in the manner which they consider 
proper. And in order that the squadron under my orders, may return to the use of its 
rights, and may again display its flag, without stain, will you salute it with 21. Guns, 
I doing the same on my part towards that of the United States; and thus the present 
affair may be ended between us. God preserve you Sir. 



240 PART II : COMMUNICATIONS FROM ARGENTINA 

Plata, by Commodore Purvis the Chief of the Naval forces of Her Britann 
Majesty, against the same Argentine Squadron at the time of his ill omei 
appearance off that port. 

By the papers sent herewith, you will easily see, that the proceedings 
the Commander of the Congress, have not been excited by any offence, 
the part of the Argentine flag, nor provoked by any injury or infraction 
the rights of the United States; and that consequently, they bear the ch 
acter of an unjustifiable act of violence (atentado) which could never hi 
been expected from the Commander of the forces of a nation, enlightened 
in amity with the Argentine Confederacy; and which ought therefore to 
only the supporter of justice and right, and by no means to become the inst 
ment of the most scandalous abuse, and infraction of maritime law and 
law of nations. 

The Argentine Government cannot sufficiently characterize the enorm 
of the act of violence (atentado) committed by the commander of the frig 
Congress; for an act with which the Argentine Squadron had no concern, 
has ventured to fire upon its vessels, to order them to haul down their fl; 
and availing himself of a superior force, has arrested its chief and officers, 
obliged them to raise the blockade, which they were maintaining, and ] 
taken away others who, though they were natives of the United States, \ 
voluntarily enrolled themselves in the service of the navy of this Repub 
Such proceedings on the part of persons charged with the delicate duty 
commanding the forces of a great nation, cannot be properly characteriz 

The Government therefore, in consequence of the imperious and serii 
nature of this occurrence, and of the circumstances attending it trust 
that the conduct of the Commander of the Naval forces of the United Sta 
off Montevideo, will not merit the acquiescence of the enlightened cabi: 
of that Republic, to which it proposes to communicate what has taken pi; 
in detail, and that you, in your accredited capacity, will be disposed 
prevent any thing which may tend to disorder the relations of perfect g( 
understanding, between the two Governments, and to give to the Gove 
ment of this Republic, proper satisfaction for the atrocious injury, inflic 
on the Argentine flag, by the said commander of the naval forces of 
United States ; hopes that you will give clear and prompt explanations as 
the causes which have occasioned events of so painful a nature. 



DOCUMENT 127: OCTOBER II, 1844 



241 



127 

Harvey M- Watterson, Special Agent of the United States at Buenos Aires, to 
Felipe Arana, Minister of Foreign Affairs of Argentina l 

BUENOS AIRES, October n, 1844. 

SIR: The undersigned has received the note of Your Excellency, dated 
the 6 th inst, 2 calling his attention to the "unexpected proceedings of the 
Commandant of the Naval forces of the United States, in front of Monte 
Video, the 29 th ultimo, against the Argentine Squadron," and asking "clear 
and prompt explanations in regard to the causes which led to such disa- 
greeable events." 

With that frankness which has ever characterized his intercourse with 
Your Excellency, the undersigned will proceed to give, in as few words as 
possible, an unvarnished statement of the cause, which determined the Com- 
mander of the United States frigate "Congress", to capture the Argentine 
Squadron. Such statement is absolutely necessary to a full and complete 
understanding of the whole question and is demanded in justice to the 
Commander of the "Congress", whose acts in the sequel of the unfortunate 
difficulty, the undersigned most sincerely regrets 

It appears that on the 28 th Sept, the American Barque Rosalba, bound for 
New York, left the harbour of Monte Video, and anchored within a few 
hundred yards of the "Congress", for the purpose of receiving the letters of 
the officers to their friends in the United States. Early next morning, all on 
board being in their beds, save the steward, a great noise was heard, where- 
upon the officers ran on deck, and discovered a schooner under Monte Videan 
colors, firing musket balls directly into [the] Barque thus endangering the 
lives of the crew, and compelling them to seek shelter below, at which time it 
was discovered that a Monte Videan fishing boat, being chased by the said 
Schooner had taken refuge alongside the Rosalba, and that the fishermen, 
four or five in number had jumped into the hold of the vessel for safety. 
All this occurred previous to demanding the fishermen on board which can 
be viewed in no other light than a violent outrage on the neutral flag of the 
United States, which required prompt redress. Upon learning the particu- 
lars of this outrage, the Commander of the "Congress", ordered the capture 
of the said Schooner and crew, which order was immediately executed. It is 
proper to observe, however, that previous to her capture and after commit- 
ting the outrage on the Rosalba, she was seen to anchor near the Argentine 
Squadron and hold communication with its commander Commodore Fitton, 
which, at the time, did not leave a doubt on the mind of the Commander of 
the "Congress", that she was acting in concert with, and belonged to the 



242 PART II: COMMUNICATIONS FROM ARGENTINA 

Squadron, and demanded to know of Commodore Fitton, why this ac1 
hostility had been committed. The Commodore immediately disavowed 
knowledge of the outrage previous to its commission, stated that he 1 
neither authorized, nor did he approve it whereupon he was released, 
gether with the rest of his Squadron I will not say, except the schooner t 
fired into the Rosalba, as it is affirmed she does not belong to the Argent 
Squadron. If she belonged to General Oribe, as is alledged, and which 
undersigned does not doubt, it is clear she had no right to the use of any ot 
flag than that displayed by General Oribe himself over the walls of the bat 
ments which is the flag of Buenos Ayres in conjunction with that of Mo 
Video consequently her commander was guilty of the additional outr 
of hoisting a false flag. 

The undersigned profoundly regrets that the Commander of the "C 
gress", previous to the capture of the Argentine Squadron, did not ask 
explanation, which he afterwards demanded and received. In not doing 
he certainly acted with a rashness, which none deplores more than 
undersigned 

The undersigned, without delay, will transmit all the facts connected \\ 
this unfortunate occurrence to his government, which will take such st 
and give such instructions thereon, as justice and honor require. Beyc 
this he has not the ability to go at present. 

The undersigned deems it unnecessary to repeat to Your Excellency, w 
he has so often assured him, that our naval and other officers in the Ri 
Plate, are specially instructed to maintain the strictest neutrality in 
unfortunate war between the Argentine Republic and that of the Bai 
Oriental, and to avoid all causes which may tend to complicate the frien 
relations which now happily subsist between the government of the Uni 
States and that of the Argentine Confederation 

The undersigned takes this occasion to renew to your Excellency 
assurances of his highest consideration and esteem 



128 

Harvey M. Watterson, Special Agent of the United States at Buenos Aires 
John C. Calhoun, Secretary of State of the United States l 

BUENOS AIRES, October n, 1844 

SIR: The accompanying documents 2 will acquaint you with all the h 
in regard to the recent capture of the Buenos blockading Squadron off Mo 
Video, by the United States Frigate Congress, whose Commander, to say 
1 Despatches, Argentine Republic, vol. 5. 



DOCUMENT 128: OCTOBER II, 1844 343 

least of it, acted with great precipitancy. This Government was much in- 
censed at his conduct, and you will perceive from my reply to the letter of 
Seflor Don Felipe Arana, Minister of Foreign Affairs, that I have not de- 

Captain P. F. Voorhees, Commander of the United States Frigate Congress off Montevideo, 
to Harvey M. Walter son, Special Agent of the United States at Buenos Aires 

U. S. FRIGATE Congress, 
OFF MONTEVIDEO, September 29, 1844. 

SIR: I herewith enclose to you a copy of my Official Report to the Commander in 
Chief of the U. S. Naval Forces on this station, and the documents accompanying it, for 
your information respecting the defensive course, this day adopted by me in relation to 
the outrages committed on our Flag in the instances of the U. S. Brig Bainbridge and the 
merchant ship Rosalba, by the Buenos Ayrean Blockading squadron off this Port. 

After having perused them, you are at liberty to copy them, and I will thank you to 
forward the Originals to the Hon b !" the Secretary of the Navy, as soon as may be 
practicable. 

Very Respectfully. 

Captain P. F Voorhees, of the United States Frigate Congress, to Daniel Turner, Commander- 
in- Chief of the United States Naval Forces on the Brazil Station 

U. S. FRIGATE Congress, 
OFF MONTEVIDEO, September 2p, 1844. 

SIR: It becomes my unpleasant duty to report to you for the information of the 
Government, that early on the morning of this day, a schooner-of-War acting in concert 
with and belonging to the Buenos Ayrean Squadron, under the Monte Videan flag, fired 
a number of shots into the Barque Rosalba, belonging to New York, driving the people 
below under pretence of a Monte Videan fishing boat being alongside of her. This 
daring outrage having been committed within gun shot of the Monte Videan Batteries, 
and close under my own guns the Barque being only distant about three hundred 
yards, and under my protection at anchor, having left the Harbour of Monte Video the 
previous night, destined for the U. States, by the way of Maldonado I ordered my 
boats ready for the purpose of capturing this vessel for the piratical act. In the mean 
time she took shelter under the stern of the ship of her Commodore when I immediately 
prepared to get the Congress under way for the purpose of redressing the hostile act. 
While making arrangements for this purpose, the same schooner-of-War weighed her 
anchor, and standing inshore of the Congress, I sent my boats in under Lieuts. Browning 
and Porter and Captured her. This duty being performed, the Congress was immedi- 
ately got under way, hove down upon the squadron of Buenos Ayres, and caused their 
surrender happily without loss of life to either party my instructions being not to 
fire into them, unless they did not surrender. They hauled down their colors on my 
firing a few muskets over them, and one of my great guns astern. This squadron was 
composed of a Ship, a Brig and a Schooner, having on board several hundred men. 
Two others joined afterwards with which I did not interfere. The Commodore and the 
Commanding Officers of the vessels having by this time been brought on board the 
Congress, I demanded to know why this act of hostility had been committed, and how 
long war had been declared against us by the Government of Buenos Ayres. The 
Commodore immediately stated that this act, was the act of the Commander of the 
vessel, and that he had not authorized it. I then stated to him that one of his vessels 
had also fired two guns at the U. S. Brig Bainbridge, which was an additional outrage 
that would not be submitted to and for which I had also to demand redress. His 
answer to this was, that it was a mistake, unauthorized by himself, and that the Com- 
mander of the vessel, as well as himself apologized for the trespass. 

On sending my boats on board of the squadron of Commodore Filton, I found several 
Monte Videans on board as prisoners whom I released in retaliation for having been 
attacked after which for the disavowal of the act on his part, and the apology given to 
me by Commodore Filton, for having fired at the Bainbridge, I released him and the 
rest of his squadron, with the exception of the schooner that fired into the Rosalba, she 
being detained as a pirate having fired under a false flag, and it being so admitted by 
Commodore Filton until I have your instructions. She mounts one long gun amid- 
ships, and has a crew of two officers and nineteen men, who are detained as prisoners on 
board the Congress I also released some American seamen, whose times were out, 



244 PART II: COMMUNICATIONS FROM ARGENTINA 

fended it, further than the capture of the schooner and crew, which committe 
the outrage on the American Barque Rosalba, was concerned. Commodor 
Turner is daily expected in the River Plate from Rio Janeiro, and I trust h 

and who had been detained in the Buenos Ayrean squadron, they having claimed m 
protection. 

I send the enclosed, being, as you will perceive, a complaint made to me by the Mai 
ter, the Crew and the owner of the Rosalba for having been fired into, the Crew < 
which narrowly escaped with their lives by running below. 

I put Lieut. Porter with a crew of twelve men in charge of the piratical schooner, an 
whilst I was giving my attention to the Ship and Brig of Commodore Filton, the secon 
schooner being a little distant, and approaching, Lieut. Porter with his small force i 
the prize, gallantly bore down and caused her to surrender and anchor near us. SI 
mounted three guns and was manned with forty five men, exclusive of officers. 

The Officers and Crew of the Congress supported me in this affair in a mann< 
worthy of the days of a Hull, a Decatur and a Bainbridge 

I have the honor [etc.]. 

Letter addressed to Commander P. H. Voorhees of the United States Frigate Congre. 

MONTEVIDEO, September 29, 1844. 

SIR: The American Barque Rosalba, of New York, came out of the Harbour of Mon1 
Video last evening, and came to anchor near your ship, at 12 o'clock at night to receh 
your letters for the U. States, agreable to your request. At sunrise the next mornin] 
being all in our berths except the steward, we heard a tremendous noise, when tl 
Chief Officer directly went out, and there was a volley of musket balls fired directly int 
the vessel. 

I immediately went out and found they came from a gun-boat under Monte Videa 
colors standing for us, in pursuit of a fishing boat, which had previously come alongsid 
and the Crew with the exception of one man in the Boat had run into the hold of t\ 
ship. During all this time, they were firing into the ship as fast as they could loa 
their muskets. We immediately ran the colours up, and halloed for them to desis 
They finally passed under our stern, and passed to the Westward and on examinatic 
we found several shot holes in our bends. There being but two or three persons c 
board, the shot did not hit any one A short time after, a boat came from your shi 
with an officer to whom we gave a statement of the transactions. 

We remain, 

Your most obedient serv ta 

HORACE G. CHAMPION, Master. 
JAMES MAXFIELD, First Officer. 
LEWIS LEE, Steward. 

Silas E. Barrows to Commander P. H. Voorhees of the United States Frigate Congre, 
BARK Rosalba, OFF MONTEVIDEO, September 29, 1844. 

SIR: The Bark Rosalba of N. York came to anchor near your ship last night abot 
twelve o'clock bound to N. York, with a cargo of merchandize on board 

Early this morning, we were alarmed by the discharge of muskets around us 
was in my berth at the time and jumping out, found a Monte Videan schooner, as 
supposed, within a few feet of the ship's stern, and firing into a Monte Videan fishinj 
boat that I found alongside 

This boat had five fishermen in her, four of which [whom] had taken refuge in the ho] 
of the ship and who implored protection for their lives. I solicited the Officer in t\ 
small schooner not to fire into us any more as he would certainly kill us He directe 
me to make^the fishing-boat let go the ship, which I declined doing, as I did not kno 
any of the circumstances of the case, and had not seen the men then lying in the hoi 
of the ship and immediately hoisted the American Ensign, which was immediate] 
answered by the Congress, and a boat sent on board, to whom I communicated tt 
facts. When this boat returned to the Congress M? Browning the first lieutenant of tl 
Congress came on board the Rosalba and requested this written statement. 

I should think that at least twenty balls were fired into, around and over the Rosalt 



DOCUMENT 129: DECEMBER I, 1844 245 

will act with that prudence, which the circumstances demand. I have rea- 
son to know the ardent desire of Governor Rosas, to draw still closer the 
bonds of friendship between his Government and that of the United States 
indeed he is more anxious to cultivate our good opinion and our well wishes 
than those of any other nation, and now when diplomatic relations are about 
to be completely re-established, this rash proceeding of Capt Voorhees is 
much to be regretted. 

Mr Brent has not yet arrived. Until he does so, I shall continue to use 
all the means in my power, consistent with self respect, and the honor of my 
country to allay the excitement which this unfortunate affair has produced, 
and to preserve the amicable relations of the two Republics 

Very Respectfully [etc.]. 



129 

Carlos de Villademoros, Minister of Foreign Affairs of Uruguay, to John C. 
Calhoun, Secretary of State of the United States l 

HEADQUARTERS NEAR MONTEVIDEO, December i, 184.4. 

The Undersigned has received orders from the Most Excellent Brigadier 
General Don Manuel Oribe, President of the Republic, to address the Honor- 
able Minister Secretary of State for Foreign Affairs of the Government of the 
United States of North America, and to inform him : that the Schooner called 
the Sancald, having been, by order of the said Most Excellent President 
armed for war, under the flag of this State, with the object of attacking in 
the port and environs of Montevideo, the fishing boats, which to the evident 
injury of the cause supported by his Excellency, furnish the place beseiged 
with this article of subsistence, the said Schooner put to sea on the 29 th of 
September last, and began her operations which she pursued quietly, not- 
withstanding an incident which took place with the Merchant Barque 
Rosalba, said to belong to the United States of North America, when she 
suddenly found herself attacked by the boats of the Frigate Congress be- 
longing to those States, which captured her, hauled down the Oriental 
Flag, and hoisted in its place, that of the United States, and carried her crew 
and Commander as prisoners on board of the said Frigate (where they re- 
mained until the 2O th of November last) after which, the Sancala was 
employed in operating against the unguarded squadron of the Argentine 
Confederacy, which was blockading the said port of Montevideo. 

His Excellency the President on being informed of all these circumstances, 

The schooner after capturing one or two fishermen proceeded out and anchored near 
the Buenos Ayrean squadron. 
Yours very truly. 

1 Notes from the Argentine Republic, vol. i, enclosed with Alvear to the Secretary of 
State, April 13, 1845, below, this part, doc. 139. 



246 PART II: COMMUNICATIONS FROM ARGENTINA 

(not having before learned the less important affair of the Rosalba, of which 
the other events will naturally lead us afterwards to speak) asked without 
loss of time, explanations on the subject from M r Robert M Hamilton the 
Consul of the United States, by the note N I, 1 of which an authenticated 
copy is hereto annexed, requiring nevertheless by the note N 2, 2 the libera- 
tion of the Schooner and her crew. The Consul, M r Hamilton, agreeably to 
information, which he requested from the Commander of the Frigate Con- 
gress, as he himself says, gave in answer, the notes, 3 which are no doubt 
in the possession of the Department of State, of the United States, the con- 
tents of which were to the effect : I . that the Sancala had attacked the United 
States Merchant barque Rosalba, by firing muskets at her; 2, that the 
Sancala was sailing under a false flag, under the flag of Montevideo, adding 
other observations, which are either contained in his note, such as thos'e re- 
specting Governments de facto, or were addressed to the Commander of the 
Schooner Sancala, at the time of her capture, or during her detention, as that 
she was not furnished with proper papers, which was said by the Captain of 
the Congress. 

On reading the answer of Consul Hamilton, His Excellency was first 
informed of the grounds of the proceedings against the Schooner Sancala; 
but having immediately made active and minute investigations, he became 
convinced, to his regret, that the motive alleged was only an excuse, a pre- 
text to cover the outrageous and unprovoked violence of the Commander of 
the Congress ; and his regret was the greater, as the act proceeded from an 
Officer in the service of an American Republic, to which no offense whatso- 
ever had been given, at any time, which had been always respected, and with 
which the most friendly relations had been always maintained circum- 
stances which at the same time increase the responsibility of the Commander 
of the Congress already great enough from his having transgressed the orders 
of his enlightened Government, respecting the strict neutrality, which is to be 
observed towards the belligerents. 

It is Sir proved, determined, and known to all, that the Schooner Sancala 
did not fire on the barque Rosalba. It was known indubitably, by all the 
accounts, and letters most worthy of confidence, that this was not the case 
even before the commander and crew of the Schooner were examined upon 
their detention on board of the Congress, and their declarations were re- 
ceived, as well as those of the most respectable of the two individuals belong- 
ing to the boat, which took refuge along side of the Rosalba, who was after- 
wards captured; of which, authenticated copies are annexed, corroborating 
the statements in the others, and throwing a clear light upon the whole affair. 



explicit expressions of the declarants. In them you will see Sir, that the 
Sancala did not fire on the merchant barque Rosalba; that it was not her 
intention nor object to do so, nor could it be rationally presumed that it was: 
She fired upon an enemy's boat which she pursued, and to which (the Under- 
signed will say en passant) the Captain of the said barque Rosalba gave undue 
protection. It is not impossible that some of the few balls fired on the 
enemy's boat may have touched the hull or rigging of the barque ; but for this, 
neither the commander of the Sancala, nor the Oriental Government were 
any more responsible, than they would be in an action, for the death of a 
natural subject by a chance ball. The accidental and immediate fact, is not 
that which constitutes the offense, the insult to the flag of the neutral nation 
injured; it would be only in the deliberate intention to cause injury, to cause 
a wrong, to insult respect and dignity. 

And how can it be presumed, as the Captain of the Rosalba and the Com- 
mander of the Congress assert, that it was the deliberate intention of the 
captain of the Sancala to commit an injury and insult? Every thing would 
lead an impartial rnind to see the contrary. 

The Commander of the Schooner Sancala would, by such an act, have ex- 
posed himself to the just and severe reprobation of His Excellency President 
Oribe, who as the Captain of the Sancala well knew, would not have left 
unpunished an outrage committed in time of peace, against a respectable 
nation, with which the best relations of amity have been hitherto preserved; 
and this is, of itself, a strong reason for not believing in the commission of so 
atrocious an act; besides its being repugnant to the conscience of man to 
commit acts of injustice unprovoked, and that men of the worst character 
have always some object of interest in view in committing such acts, which 
does not appear to have been, in any degree the case, in the affair of the San- 
cala and the barque Rosalba. 

Another ostensible immediate and material object for not adopting thus 
without examination the idea that the Sancala fired upon the Rosalba with 
deliberation to offend the United States, and the respect due to them, is that 
the said barque had not her flag hoisted as proved not only by the declara- 
tions received, but also from the circumstance that no vessel has her flag 
displayed at the early hour at which the occurrence took place. 

From all this sir, it may be seen that there were no grounds for the Com- 
plaint of the captain of the Rosalba, nor for the extraordinary and remark- 
ably violent proceedings of the commander of the Frigate Congress. The 
whole, moreover, gives the right to conceive that the commander of the frigate 
Congress was actuated rather by a spirit of animosity (unprovoked on the 
part of the legal government of the Oriental Republic) than by justice, and a 
desire to avenge the insult supposed to have been cast upon the flag of the 
United States. 



248 PART II : COMMUNICATIONS FROM ARGENTINA 

In a very different way, even supposing the attack to have been really 
made, when it must have taken place within two steps, to use that expression 
of the authority on which the Schooner Sancala depended, when it was so 
easy, in consequence, to have recourse to that authority, for proper satisfac- 
tion, which if granted, would have ended the business, and if refused, would 
have justified those serious proceedings in a very different way, would an 
impartial and reflecting man have acted by addressing that authority, through 
the proper channel, satisfying at once the exigencies of propriety and offended 
dignity, and what is required by the interest of the preservation of those 
amicable relations which it is always painful to see disturbed even for a 
moment between two friendly nations. 

This reflection probably had its weight, though when it was rather late, 
on the conscience of the commander of the Congress ; and destitute of that 
noble courage which is required for the confession of an error, he had recourse 
to principles which increased the evil, as in the opinion of the undersigned, 
they on the one hand drew him away still farther from, the line of strict neu- 
trality prescribed by a wise and circumspect government, which he had 
already quitted in the affair of the Sancala, and on the other, they cause him 
to commit an additional insult entirely gratuitous, against the legal authority 
of the Oriental State of Uruguay and a crime against his own Government by 
contravening in fact, as well as in doctrine, the orders which he had received. 

He had recourse said the Undersigned to a refusal to recognize the flag 
borne by the Schooner Sancala a flag which waves over the fortress of 
Cerrito de la victoria, and an infinite number of other places in obedience to 
His Excellency the President of the Republic, under the eyes of the Com- 
mander of the Congress ; a flag under which that Commander saw the Sancala 
leave the Port of Buceo, and for two days preceding the occurrence, chase 
the fishing boats of Montevideo. How then could he deny, or be ignorant 
that this flag belonged to the legal authority of the Oriental Republic of 
Uruguay, under the Presidency of His Excellency Don Manuel Oribe? 

But the Commander of the Congress says, that he recognizes that flag only 
as belonging to Montevideo; that on the National Schooner of war Sancala 
it is false; that he only recognises the flag composed of the Argentine and 
Oriental flags which float in the fortresses of his Excellency President Oribe; 
and this single sentence includes at once error, arbitrariness, violation of 
neutrality, and as a necessary consequence of all, a gratuitous insult to the 
Oriental Government of Uruguay. The rights of nations are not to be de- 
fended by subterfuges, sophisms or subtil ties but by correct proceedings, by 
judicious conduct, by justice and firmness in cases in which it is necessary. 

The flag borne by the Schooner Sancala is not the flag of Montevideo, is 
not false; it is the flag legitimately sanctioned by the competent authority 
for the Oriental State of Uruguay whose whole territorv except a verv small 



DOCUMENT 129: DECEMBER I, 1844 249 

orders of the legal President Brigadier Don Manuel Oribe, against the in- 
cendiary enemy, Fructuoso Rivera, now reduced almost to nought. It is the 
flag under which, the Orientals faithful to the cause of the Laws have fought; 
and under the shelter of which representing the legal authority the citizens 
of the United States live in all ports and preserve their property as well as all 
other neutral foreigners. 

Montevideo is nothing more than a Town of the Republic, and a town at 
present in a violent and extraordinary position. The people or citizens of the 
country do not now constitute its population : few of them reside there, and 
still fewer are found in the ranks of the rebellious Unitarians. Armed 
foreigners now alone inhabit that place, and fight for it, to the scandal of the 
whole world, and the ruin of the unfortunate city. 

If any flag does not represent the Oriental nationality of Uruguay, it is 
that of Montevideo ; the only flag however, to which that right is conceded by 
the Commander of the Congress and by M r Hamilton the Consul of the 
United States who partakes the same erroneous views. 

The flag of the Argentine confederacy which floats over the fortress of 
Cerrito over which and over other places floats also the Oriental flag, repre- 
sents the Argentine forces as auxiliaries to the Oriental, and united with them 
in fighting against a common enemy, but this does not involve a fusion of the 
two flags, a compound flag, such as has never been borne in alliances or 
cooperations of different nations which have been so frequent, especially in 
Europe with belligerent objects. 

Had such principles been of any value, they might have been discussed 
between the two nations, but should never have been arbitrarily decided by 
the Commander of the Congress or any other naval chief. His obligation, his 
strict duty in entering those waters, was to respect, as was natural, if he 
had intended to maintain absolute neutrality, the position property and pre- 
tensions of the belligerents, as he should find them; inasmuch as any act, or 
any declaration against that statu quo, is a violation of the duties of a neutral. 

The legal character maintained and defended by his Excellency, is pre- 
cisely one of the most important points of the question; for to assert that 
he has no right to use the Oriental flag in his operations of war, is to consti- 
tute oneself the judge of the question, which has been always, and is now 
maintained by President Oribe namely that he is the legal President of this 
State, the legal representative of the Executive authority, and who is there- 
fore entitled to use the legal signs of nationality, among which, the first 
is the flag of the nation ; it would be moreover deciding the question in favor 
of one of the belligerents. 

The doctrine advanced by the Consul of the United States, M r Hamilton, 
respecting Governments de facto, does not relieve the Commander of the 
Congress from his crime, nor from his responsibility because it does not apply 
in this case. 



250 PART II : COMMUNICATIONS FROM ARGENTINA 

His Excellency President Oribe, notwithstanding what the undersigm 
has here said, that the whole nation supports him, that Montevideo, as 
notorious, has maintained itself, and does still maintain itself by the bayone 
of foreigners, and subsidies of war, also received from foreigners, whil 
there is in it no nationality, and the illegal and intrusive authority whic 
they call a government, has none of the characters which entitle it to be r 
garded as such, has not complained either to Consul Hamilton, or to ar 
other foreign agent of their having styled that authority the Government, < 
of their residing near it, or keeping up official relations with its officer 
although upon examination, it would be seen that this intrusive authority 
not now in the position of a de facto government. 

But the residence of M r Hamilton, and other foreign Agents near those wl 
command in Montevideo, and their keeping up Official relations as with 
established government, gives them no right, and much less to the nav 
commanders to dispute, or deny the President's right to use the Oriental fla; 
for to deny to one of the belligerents, what is allowed to the other, is of coun 
contrary to neutrality. 

If indeed, the flag of the United States had been insulted, it was not requ 
site in order to avenge it, to enter into a discussion as to the legality of tl 
flag under which the insult had been committed. To repel an insult fro 
whatsoever quarter it might come, was the duty of the Commander of tl 
Congress. When he afterwards advanced the strange principles alreac 
noticed by the undersigned, it was because he had no other means of defen< 
ing his unwarrantable attack on the rights and dignity of this Republic, h 
want of consideration towards the legal President, and the rude violence wil 
which he had committed a scandalous outrage, despairing all rational ar 
pacific methods. 

The papers proving the national character and armament of the vesse 
and the appointment of her commander, were not to be required, as she wi 
armed for war, and bore the flag indicating her national character; and tl 
Commander of the Congress was in no wise authorised to exercise this sort < 
search either on the high sea, or still less off the forts of Montevideo, ar 
Buceo, in face of both the belligerents, thus complimenting the one part 
and atrociously insulting the other. 

But leaving this aside, if it had been his intention, in good faith, to asce 
tain whether the Sancala belonged or not to the legal authority of th 
state, why did he not do so, seeeing that he was not more than three mil 
distant from that vessel, and he could not conceal from himself that only 1: 
taking this just and necessary measure, could he avoid the unpleasant ar 
irritating incidents which ensued. 

Unfortunately the Commander of the Congress was least of all influena 
by sober reason, and the principle of just impartiality in perpetrating tl 
act which forms the subject of this note. In that act appears a vehement d 



DOCUMENT 129: DECEMBER I, 1844 251 

sire to injure; he appears to have laboured to find pretexts to attack and vex 
all who were in our favor. Thus he fell upon the Sancala, made her crew 
prisoners, raised his own flag over her, and manned her as a pirate, outraging 
at the same time the Argentine Squadron, which was out of sight, and blame- 
less, because as he said, it directed the movements of the Sancala, and re- 
ceived her prizes. 

These contradictions afford of themselves the most decisive proof of un- 
reasonableness and injustice, which do not lose that character, either be- 
cause the Consul of the United States has adopted such strange doctrines 
with regard to them, or because the proceedings towards the Sancala have 
received the approval of Commodore Turner. 

The correct, impartial and enlightened judgement of the Government of 
the United States will enable it to estimate in their true character the pro- 
ceedings of the Commander of the Congress, and to appreciate the extent of 
the injury committed against the Oriental Republic of Uruguay, and thus to 
give a decisive proof of its sense of justice by inflicting upon that person the 
punishment which he has merited. 

What force will not these considerations have, on the other hand, if as 
the press has announced, and as there is reason from other sources to believe, 
the flag of the Rosalba was not flying over that vessel agreeably to the laws 
of the United States, but that it was resting from friendly consideration 
towards the Consul Robert Hamilton? In such a case indeed, the Com- 
mander of the Congress would have been acting criminally in protecting an 
odious commerce and an illegal flag. 

For all these reasons His Excellency the legal President of this State re- 
mains under the entire conviction that the Government of the United States, 
on being informed of the facts, will make such just and merited reparation 
as will satisfy the honor and dignity of the Oriental Republic, and will 
strengthen the idea, hitherto entertained of the greatness and the rectitude 
of the Government of which you sir form a part. 

The Undersigned confidently hoping this, has the honor to salute your 
Excellency, and to assure you of his distinguished consideration. 



252 PART II: COMMUNICATIONS FROM ARGENTINA 

130 

Felipe Arana, Minister of Foreign Affairs of Argentina, to William Brent, Jr., 
United States Charge d 'Affaires at Buenos Aires l 

[TRANSLATION] 

BUENOS AIRES, January u, 1845, 

The undersigned, by order of His Excellency the Captain General of the 
Province, has the honor to transmit herewith to His Lordship a copy of the 
order given this date z to the Commander in Chief of the Squadron of the 
Argentine Confederation in the port of Montevideo, Brigadier William 
Brown, directing him to maintain a strict blockade of the ports of Monte- 
video and Maldonado from the date of the receipt of said orders until the 
besieging army, under the orders of His Excellency the legal President of 
the Oriental Republic of Uruguay, Brigadier Manuel Oribe, shall enter the 
city, and to that end to adopt the necessary measures, authorized by the 
law of nations, against the vessels which may attempt to enter the said ports 
of Montevideo and Maldonado, after having received notification of the 

1 Despatches, Argentine Republic, vol. 5, enclosed with Brent to the Secretary of State, 
January 15, 1845, below, this part, doc. 131. 

2 The order of January n, 1845 referred to, and which was enclosed with Brent's despatch 
of January 15, 1845 to the Secretary, is printed below. For the earlier order of March 19, 
1843, mentioned in it and in the last paragraph of this letter from Arana, see below, this 
part, doc. 133, note 4, p. 254. 

Felipe Arana, Minister of Foreign Affairs of Argentina, to Admiral William Brown, 

Commander-in- Chief of the Argentine Squadron 

[TRANSLATION] 

BUENOS AIRES, January n, 1845. 

The undersigned, by order of His Excellency the Governor and Captain General of 
the province, addresses himself to Your Lordship in order to inform you that in conse- 
quence of the doubts which have been raised as to the prohibition of articles included in 
the notification of the blockade of the port of Montevideo dated March 19, 1843, as 
well as the declaration of the 30th of the same month, by reason of the memorandum of 
their Excellencies the Ministers of Her Britannic Majesty and His Majesty the King of 
the French, dated the 28th, and in order to avoid difficulties which might in some 
respects disturb the relations of perfect understanding with friendly Governments, 
which the Argentine Government sincerely desires to preserve, it is determined that 
from the date of the notification of this order the ports of Montevideo and Maldonado, 
should they be occupied by the ruthless Unitarians, shall be rigorously blockaded by the 
Squadron _of the Argentine Confederation, this blockade being strictly observed so long 
as the besieging army under the orders of His Excellency the legal President of the Ori- 
ental Republic of Uruguay, Brigadier Manuel Oribe, does not enter the city, and to that 
end_ Your Lordship is to take the necessary measures authorized by the law of nations 
against the vessels which may attempt to enter said ports of Montevideo and Maldonado 
after receiving the notification of the blockade from one of the Argentine vessels of war, 
permitting the merchant vessels which may now be in the port of Montevideo to depart 
until the 20th of February of the present year, after which date the interdiction will be 
general and will include equally the vessels which enter and those which depart. 

And in order that there may be no obstacle to its fulfillment, Your Lordship will advise 
thereof the foreign naval commanders stationed off Montevideo, furnishing them with a 



DOCUMENT 131: JANUARY 15, 1845 253 

blockade by one of the Argentine ships of war, and to permit the merchant 
vessels which are now in the port of Montevideo to depart until the 2Oth of 
February of the present year, after which date the interdiction will be general 
and will include equally the vessels which enter and those which depart. 

The Government, in forwarding this order, has been impelled by the 
doubts which have been raised, both as to the articles prohibited by the 
notification of blockade of said ports of March 19, 1843, and as to the vessels 
which should be included in the declaration of the soth of the same month, 
in consequence of the memorandum of their Excellencies the Ministers of 
Her Britannic Majesty and His Majesty the King of the French dated the 
26th, and by the desire to remove any cause which may disturb the relations 
of perfect understanding which this Government desires to preserve with 
friendly Nations, hoping that His Lordship will forward it to those whom it 
concerns. 

God preserve His Lordship many years. 



131 

William Brent, Jr., United States Charge d' Affaires at Buenos Aires, to John 
C. Calhoun, Secretary of State of the United States, and Minute of con- 
ference between Mr. Brent and Felipe Arana, Minister of Foreign Affairs 
of Argentina 1 

[EXTRACTS] 

BUENOS AIRES, January 15, 1845. 

SIR : This morning I received a Notice from this government establishing 
a total blockade of the ports of Monte Video, and Maldonado. I hasten 
to send it to you by a vessel the Sirene Captain Goodrich, which sails to 
night. 

Minute af a Conference with Mr. Arana on January i5, 184.5. 
Confidential. 

After my official business was concluded I spoke to him in relation to the 
blockade of Montevideo & asked what were the reasons of Argentine Govt. 
for putting on a partial one ; the Minister informed me that it was never the 
intention of the Argentine Govt. to put on any but a strict blockade; but 
that they were given to understand that if they did so that England & France 
would interfere & that to avoid difficulty, they had although unwillingly 
put on a partial one. 

WM. BRENT, JR. 

1 Despatches, Argentine Republic, vol. 5. The confidential minute of a conference on 
the same date was enclosed with Brent's No. 7, July 29, 1845, below, this part, doc. 145. 



254 PART II: COMMUNICATIONS FROM ARGENTINA 

132 

William Brent, Jr., United States Charge d' Affaires at Buenos Aires, to Felipt 
Arana, Minister of Foreign Affairs of Argentina l 

BUENOS AIRES, January 22, 1845. 

SIR: In the last interview with your Excellency on the 15^ Inst. I in- 
formed you that I had received the Notification of the strict Blockade of 
Montevideo, & Maldonado. I now remedy the delay of a more formal ac- 
knowledgement of the receipt of this Notification. 

May the sequel of this Blockade terminate in a manner pleasing to 
humanity, & productive of a solid and permanent peace. 

I renew to your Excellency the assurance of the high consideration, with 
which 

I am [etc.]. 

133 

William Brent, Jr., United States Charge d'Affaires at Buenos Aires, to 
John C. Calhoun, Secretary of State of the United States 2 

No. 4 BUENOS AIRES, January 28, 1845. 

SIR: Within the last fifteen days, I sent you by the "Sirene" to Philadel- 
phia, & by the "Amphitrite" to New York, copies of the order of the Gov- 
ernment of Buenos Ayres to Admiral Brown 3 the commander of their 
Squadron off Montevideo directing him rigorously to blockade that port and 
that of Maldonado. 

I again herewith send a copy of that order printed in the Gazette the 
"British Packet." 

As far back as the first of April 1843, the City of Montevideo, being in a 
state of seige by Land, the Government of Buenos Ayres issued an order 
to the commander of their fleet to put Montevideo not under a strict block- 
ade. 4 SeeN22. 

1 Despatches, Argentine Republic, vol. 5, enclosed with Brent to the Secretary of State, 
No. 4, January 28, 1845, below, this part, doc. 133. 

2 Despatches, Argentine Republic, vol. 5. 3 See above, this part, doc. 130, note 2, p. 252. 
4 The order referred to is the following of March 19, 1843, to become effective April i, a 

copy and translation of which are in the manuscript volume with this despatch from Brent, as 
is also a copy in translation of the note of March 20, 1843, communicating the order to the 
United States Consul, which note is here printed just after the order and is followed by a 
supplementary order of September 6, 1843, indicating that probably the order of March IQ 
had not theretofore been enforced: 

Felipe Arana, Minister of Foreign Affairs of Argentina, to Admiral William Brown, 
Comm-ander-in- Chief of the Argentine Squadron 

BUENOS AIRES, March 10, 1843. 
The undersigned has been ordered by His Exc^ the Gov r and Cap n General of the 

Prmrm^o Fin Tnon A/r-iTninl Ac. T>** n ~ t ._o._ j. ji , , i ,-. . , f r 



Mandeville, and the French Minister Plenipotentiary Count de Lurde ad- 
dressed a joint note to the Minister of Foreign Affairs of the Argentine Con- 
federation M. Arana marked NS. 3. This note was a request (pedido} that 

have commenced occupying themselves of the Traffic of carr 8 of fresh beef which they 
introduce in that city under the pretext of the port of Mont'o not being blockaded by 
the Argentine Squadron. On account of the good feeling_ towards friendly nations by 
which this Government is impulsed and in order to avoid the injuries which foreign 
commerce might experience, it has not declared that port under a strict blockade, not- 
withstanding that it has sufficient force to make it effectual but it neither can nor 
ought to carry those considerations to the extreme point of being impassible, with 
regard to a pernicious abuse, which under whatever circumstance that it may be con- 
sidered, is a positive hostility that prolongs the war, nor can it authorize a commerce or 
traffic which in similar circumstances no other nation would tolerate, because it is a well 
known fact that it is resisted by international law, whatever that traffic maybe when it is 
respecting articles of contraband of war, as truly are in a besieged place very particu- 
larly fresh or salt beef or live cattle or poultry of any kind, consequently his Excellency 
orders you that from the first of the month of April next you shall not permit any vessel 
to enter in the port of Mont'o in which articles of war, fresh or salt beef, live cattle, and 
poultry of any kind are carried for the consumption of said city, in all other articles 
leaving to foreign commerce and vessels the liberty which they have till now enjoyed. 
May God preserve you many years. 

Felipe Arana, Minister of Foreign Affairs of Argentina, to William Brent, Jr., United 
States Charge d' Affaires at Buenos Aires 

BUENOS AIRES, March 20, 1843. 

The undersigned by order of his Government, sends to you an authorized copy of the 
order which has been addressed to the Commander in Chief of the Argentine Squad- 
ron off the port of Montevideo, relative to foreign vessels that occupy themselves with 
the trade of carrying arms, beef fresh or salted, cattle and poultry of any kind, in assist- 
ance of that besieged city 

This Government trusts that you, recognizing in that order the friendly sentiments by 
which this Govern't is actuated towards neutral nations as well as the Justice which has 
determined it to dictate this measure, will circulate it to whomever it may concern for 
its due compliance and in order that there should exist nothing that may disturb their 
relations of perfect good feeling extant between your Government and that of the 
Confederacion. 

God preserve you many years. 

Felipe Arana, Minister of Foreign Affairs of Argentina, to Admiral William Brown, 
Commander-in- Chief of the Argentine Squadron 

BUENOS AIRES, September 6, 1843. 

The undersigned has been directed by His Excellency the Governor and Captain 
General of the Province to tell Your Lordship to proceed, upon the receipt of the present 
note, to put into execution the order issued by this Government under date of March 19 
of the present year, attached in triplicate, in order to prevent the entrance into the Port 
of Montevideo of vessels carrying articles of war, fresh or salt meat, live cattle or poul- 
try of any kind; permitting Commerce and foreign vessels in other respects the freedom 
they have enjoyed up to the present, with the modification contained in the note of 
the 2gth of the same month and the memorandum of Their Excellencies the Ministers 
of Her Britannic Majesty and His Majesty the King of the French, likewise attached 
in duplicate copy, extending it to the Port of Maldonado ; and if in the execution of the 
present order any difficulties should arise on the part of the Commanders of foreign Ves- 
sels of war, you are to advise His Excellency immediately in order to determine the 
proper steps to be taken in accordance with the provisions of the note of March 25, 
duplicate copies of which are also attached. 

His Excellency has also instructed the undersigned to say to Your Lordship that 
similar notice has been given on this date to Their Excellencies the Ministers Plenipo- 
tentiary of Her Britannic Majesty and His Majesty the King of the French, and His 
Excellency the Minister of His Imperial Majesty, and the Consuls residing here. 

God preserve Your Lordship many years. 



256 PART II: COMMUNICATIONS FROM ARGENTINA 

the Merchant Vessels which arrive from beyond sea shall not be comp 
hended in this Notification to Admiral Brown; this would seem to be 
mere request to which the Government of Buenos Ayres assented, & sent 1 
joint request, and memorandum of the plenipotentiaries aforesaid to / 
miral Brown. Marked N2 4 and N2 5 is a renewed order to him to enfo: 
the blockade of i& April I843. 1 

During this state of partial blockade the City of Montevideo has been v 
supplied with provisions except fresh beef and poultry, and at this time 1 
from good information of flour and other provisions a supply of 7 or 8 mont 

On the n^ of last month the Government of Buenos Ayres issued 1 
order 2 for the strict blockade as mentioned above. 

This Notification was sent to all the diplomatic agents, & consuls of f 
eign nations here; to this I replied as per N A. 3 The acknowledgemei 
of the receipts of this Notification by these agents was [were] published 
this Government on 23^ Inst. 

^ 

But in this publication the acknowledgement of the receipt of this not 

l The translations of the joint note of the British and French Ministers and the new 01 
to Admiral Brown, both of which were apparently enclosed with a letter of January 
1845, from Brent to the Secretary of State, this part, doc. 133, follow: 

Memorandum. BUENOS AIRES, March 28, 184^ 

The Minister Plenipotentiary of Her Britannic Majesty and the Minister Pleni 
tentiary of His Majesty the King of the French accredited to the Government 
Buenos Ayres, desiring to avoid so far as possible the inconveniences which may resul 
Neutral Commerce from the notification of the 20th of this month, by which it is 
bidden to bring provisions and arms into the Port of Montevideo from the first da; 
April next, have requested of His Excellency Mr. Arana, Minister of Foreign Relati 
of the Government of Buenos Ayres, that the Merchant Vessels which may arrive fi 
the Ocean be not included under this notification, provided that the Consuls and G 
manders there stationed employ all the measures within their power to prevent 
Merchant Vessels of their nations from engaging in the coasting-trade to bring pr> 
sions and arms into the Port of Montevideo. 

Felipe Arana, Minister of Foreign Affairs of Argentina, to Admiral William Brc 
Commander-in- Chief of the Argentine Squadron 

BUENOS AIRES, March 29, 184^ 

The undersigned has been directed by His Excellency the Governor and Cap 
General of the Province to say to Your Lordship that, in order to avoid so far as poss 
the inconveniences which may result to Neutral Commerce in consequence of the 01 
issued the igth of the present month to the effect that from April I next, Vessels shall 
be permitted to enter the port of Montevideo for the purpose of bringing in article 
war, fresh or salted meat, live cattle or poultry of any kind for the consumption of i 
city, it is not to be understood to extend to foreign vessels of Commerce which may ar 
from the High Sea; to whose Captains the Consuls in Montevideo and Commam 
stationed in the Port will make known said order, trusting that these Consuls and C 
manders will employ all the measures within their power to prevent the said merd 
vessels_of their Nations arriving from the high sea from engaging in the coasting-trad 
traffic in arms and provisions with Montevideo, as the English and French Consuls 
Commanders there stationed are obliged to do according to the Memorandum of T 
Excellencies the Ministers of Her Britannic Majesty and His Majesty the King of 
French, a copy of which is attached, with its reply. 

God preserve Your Lordship many years. 



DOCUMENT 133: JANUARY 28, 1845 257 

cation by the Ministers of Great Britain and France did not appear. And 
it was rumoured that the agents of these governments would not acknowl- 
edge the strict blockade. 

During this condition of things a French Corvette the "Coquette" ar- 
rived here, sent up by the French Admiral off Montevideo to the French 
Minister here in order to ascertain whether he had any instructions from the 
French Govt, in relation to a strict blockade. It was also rumoured that 
the British Charge d'Affaires at Montevideo had written to the British 
Plenipotentiary here to ascertain whether the British Admiral should re- 
spect this strict blockade. From the circumstance that no publication 
of any answer from the Ministers of France or Great Britain had appeared 
it became important to know whether their respective admirals off Monte- 
video would conform to the strict blockade. 

I therefore on the last evening had an interview -with the Minister of 
Foreign Affairs, I mentioned to him that I had transmitted to the Govern- 
ment of the United States, immediately on its receipt his notification of the 
i life. Inst. of the strict blockade ; l and that I had no doubt but that the 
United States would acknowledge its validity, & consider it as a friendly 
notification to them of the blockade in order that they might make the 
necessary arrangements for the discontinuance of all commerce with such 
blockaded port; that in this state of things it became of consequence to 
know whether this strict blockade would be respected by France & England : 
and that I hoped he would communicate to me their answers. In reply 
he told me that the British Plenipotentiary here had written to the British 
Charge at Montevideo in order that their admiral should conform to the 
strict blockade : under this circumstance M Arana was of opinion that the 
British Admiral would, in this case, respect this direction ; at the same time 
remarking that a similar case had occurred where the British Admiral at 
Montevideo had acted in direct opposition to the views of the Minister 
here. That with regard to the French the Charge here had acknowledged 
the receipt of the notification, but that he had reason to believe the French 
Admiral would not conform to this strict blockade. M. Arana promised 
to advise me promptly of the first intelligence of the determination and 
conduct of the French Admiral off Montevideo on this subject, 

Deeming it of consequence if possible to ascertain the precise state of things, 
I waited on the French Minister, who shewed me the reply which he had 
made to this Government; of this he promised to send me a copy on the 
evening of yesterday; this however he has failed to do as yet. If it is 
received in time you will find it herewith enclosed. I read this communi- 
cation with care, it acknowledges the receipt of the notification, saying that 
as the Government of Buenos Ayres had directed their Admiral to notify 
the Admiral of the French, he had deemed it unnecessary to send the 
1 See above, this part, doc. 130, note 2, p. 252. 



tion of the Strict Blockade to the 'trench Government. 1 buch was the 
reply addressed to this Government; but he mentioned to me in addition 
thereto, that the French Admiral had informed him that having no Instruc- 
tions from his Government, he should not conform to the strict blockade, 
but should continue to adhere to the modified one as heretofore agreed on 
by the two Ministers Plenipotentiary of France & England in their joint 
note of the 28^ March 1843 ; 2 unless the Charg6 here had received Instruc- 
tions for him to conform to a strict blockade. 

It is then plain that the strict blockade will not be respected by the French 
until instructions are received from their government. 

The French Charg6 here also informed me that he had received advices 
that a new Charge was coming out from France, whose arrival he soon ex- 
pected, & that he might probably bring out some orders in relation to a strict 
blockade, but of this he had no information whatever; until other instruc- 
tions come from France the strict blockade will not be conformed to by their 
Admiral off Montevideo. 

In order to give you the most correct, & the latest information as to the 
course of the French & English in this case, I have thought it of sufficient 
consequence to delay the sailing of the Brig Jane until today, and to send 
this by a gentleman going in the "Jane" to Philadelphia who will specially 
take this communication to Washington. 

I have written to the American Consul at Montevideo, and the officer 
commanding the American Squadron off that port, requesting them to give 
me advice of the state of things in relation to the Blockade: & they will 
doubtless give you earlier information than I can. 

It is perfectly plain to me that the interference of Foreign Powers in the 

1 The translation of the reply of the French Charge d' Affaires to the Argentine Government, 
dated Buenos Aires, January 26, 1845, apparently enclosed with a letter of January 28, from 
Brent to the Secretary, this part, doc. 133, follows: 

The undersigned Charg6 d'Affaires ad interim of His Majesty the King of the French 
received the isth of this month the note which His Excellency the Minister of Foreign 
Relations, under direction of His Excellency the Governor and Captain General of the 
province of Buenos Ayres did him the honor of addressing to him on the nth instant, 
and to which was attached a copy of the order transmitted the same date to the Com- 
mander in Chief of the Squadron of the Argentine Confederation off Montevideo, order- 
ing him to establish a strict blockade of the ports of Montevideo and Maldonado, 
commencing from the date of the notification of the said order, and lasting until the 
entrance into the city of Montevideo of the besieging army under the orders of Gen- 
eral Oribe. 

This notification, according to the terms of the order communicated to the under- 
signed, having had to be made directly by the Commander in Chief of the Argentine 
Squadron to the Admiral in command of the naval forces of His Majesty off Monte- 
video, the undersigned has judged it unnecessary on his part to transmit it to him, and 
has hastened to bring the communication which he received from His Excellency the 
Minister of Foreign Relations dated the nth instant to the attention of the Govern- 
ment of the King. 

The undersigned takes this opportunity, &c. 

2 See above, this part, doc. 133, note I, p. 256. 



DOCUMENT 134: JANUARY 28, 1845 259 

affairs of the river Plate have been one of the principal causes why they have 
not settled down into more regular & pacific order. On this most interest- 
ing topic, I am collecting information which will shew this intermedling to 
a most extensive degree. When collected I will forthwith transmit it. 
I have the honor [etc.]. 



134 

William Brent, Jr., United States Charge d 'Affaires at Buenos Aires, to 
John C. Calhoun, Secretary of State of the United States 1 

No. 3 BUENOS AIRES, January 28, 1845. 

SIR: I have had two interviews with the Minister of Foreign Affairs, in 
relation to the settlement of the respective claims of the two Governments 
on each other, and in relation to a treaty between them. The result of 
these interviews is that the settlement of the claims will be adjusted by the 
Minister of Foreign Affairs, and myself here unless in the progress of their 
adjustment, it should be found more adviseable to refer them to a commis- 
sion. I informed the Minister that I had full power to settle all these ex- 
cept the affair of the Falkland Islands, as the United States did not feel 
disposed to enter upon this until the question of Jurisdiction was arranged. 

That as to the formation of a Treaty it was every way desirable to the Gov- 
ernment of Buenos Ayres that this should be done here: and he requested 
me to furnish the outlines of one; which I promised to do, telling him that 
I expected he would do the same. 

Throughout the whole of these interviews the most friendly feelings were 
manifested towards the United States, and an assurance given of a prefer- 
ence to form a Treaty with them upon principles entirely reciprocal. I 
understood him distinctly to say that the first Treaty which would be 
formed would be with the United States. 

On the adjustment of the difference of the Tonnage duties there will not 
be the smallest difficulty, so as to place the citizens of the United States, 
on a footing with the most favoured nations. 

It is important to remark that the Minister of Foreign Affairs, in no 
instance takes upon himself to give a final & decisive answer, but reserves 
to himself to refer the matter to the Governor whose decision he communi- 
cates 

As far as assurances from the Government go every indication is favour- 
able to the accomplishment of the objects desired by the United States. 

I am, Sir, [etc.]. 

1 Despatches, Argentine Republic, vol. 5. 



260 PART II: COMMUNICATIONS FROM ARGENTINA 

135 

Carlos Maria de Alvear, Argentine Minister to the United, States, to John C. 
Calhoun, Secretary of State of the United States x 

[TRANSLATION] 
ARGENTINE LEGATION, NEW YORK, February 7, 1845. 

SIR: In the conference which I had the honor to hold with you, on the 
subject of the violence (atentado] committed by Captain Voorhees, of the 
American frigate Congress on the Argentine vessels of war, blockading the 
port of Montevideo, I had the satisfaction to hear you say that the Govern- 
ment of the United States had deeply regretted that event, which could not 
be justified in any way: and that so soon as the President should have re- 
ceived the official communication of the American Commodore, who had 
sailed from Rio de Janeiro for the Rio de la Plata, with the express object 
of inquiring into that matter, the Government of the United States would 
act in such a manner as should be completely satisfactory to the Argentine 
confederacy. You at the same time had the kindness to offer to send me a 
copy of the communicaton from the Commodore on that subject, and to let 
me know the resolution, which the Government of the United States might 
take, in satisfaction for the insult committed against the Argentine flag. 
It is therefore with this object, that I have the honour to address you, 
considering it probable, that the Government of the United States will have 
received the communication from the Commodore, and will have resolved 
or be about to resolve what duty and honour may dictate, in reparation of 
an act, which has most particularly fixed the attention of the Argentine 
Government, as the Hon Secretary of State may well have imagined. Flat- 
tering myself that the measure adopted by the Government of the United 
States, or which may be adopted by it, with regard to an occurrence so 
unexpected, will be directed not only to prevent that act of violence (aten- 
tado} from remaining unreproved, but also to prevent such acts from being 
repeated as might be feared if the present one should go unpunished which 
is certainly not to be anticipated, from the justice and honour of the United 
States Government. 

With this object, the Secretary of State will allow me to observe to him, 
that whatever be the measure adopted by the Government of the United 
States, with regard to Captain Voorhees, as it cannot in any way free that 
Captain from being tried for his act of violence (atentado} according to the 
laws of the United States, and in reparation of an insult, of an offence against 
a friendly nation, it is to be desired, that until this takes place, Captain 

1 Notes from the Argentine Republic, vol. I. Regarding the word in the Spanish original 
which _is rendered "violence" in the first sentence of this note, the translator appends the 
following explanation: "The word atentado is a very strong expression for which there is 
no equivalent English word. It means an act very criminal and worthy of extreme 
reprobation and abhorrence." 



DOCUMENT 136: MARCH 25, 1845 26l 

Voorhees should be recalled, and removed as soon as possible from the 
station in the Rio de la Plata where his presence after such an act cannot 
but be regarded with the utmost dissatisfaction. This the more, inasmuch 
as his act of violence (atentado) besides being committed without any provo- 
cation, or appearance of common sense, does not inspire even that sympathy 
occasioned by deeds which from their difficulty and the risk attending them, 
have the character of audacity and intrepidity. 

General Alvear avails himself of this occasion to renew to the Hon. 
M? Calhoun the assurances of his high consideration and respect. 



136 

Carlos Maria de Alvear, Argentine Minister to the United States, to James 
Buchanan, Secretary of State of the United States 1 

[TRANSLATION] 

WASHINGTON, March 25, 1845. 

The Undersigned has the honour to address the Hon. James Buchanan, 
Secretary of State of the United States, in order to acknowledge the receipt 
of a note from his predecessor 2 the Hon. J. C. Calhoun, inclosing a copy of 
the communications from the Hon. J. Y. Mason, then Secretary of the Navy, 
and from Commodore Turner, the commander of the naval forces of the 
United States, on the coasts of Brazil, relative to the unfortunate occurrence 
of the capture of the Vessels of war of the Argentine Confederacy by Captain 
Voorhees, the commander of the United States frigate Congress; at the same 
time making known the determination taken by this Government, to have 
Captain Voorhees tried by a court of inquiry, with the object of obtaining 
the information which may be requisite, in order to decide definitively on his 
case. M r Calhoun also made known the good intentions of the President 
of the United States, and the desires which animate him, that the disagree- 
able occurrences in question may in nothing alter the amicable relations now 
subsisting between the two countries. 

The Undersigned has therefore the satisfaction to declare to the Hon. 
M r Buchanan, how agreeable and satisfactory it has been to him, to witness 
the good disposition manifested by the Government of the United States on 
this occasion; and he will make it his duty to communicate to the Argentine 
Government the contents of the said note, and of the accompanying docu- 
ments. 

The Undersigned avails himself of this occasion, to repeat to the Hon. 
M r Buchanan the assurances of his very high esteem and consideration. 

1 Notes from the Argentine Republic, vol. I. 
* Above, this volume, pt. I, doc. 12. 



262 PART II : COMMUNICATIONS FROM ARGENTINA 

137 

Carlos Maria de Alvear, Argentine Minister to the United States, to James 
Buchanan, Secretary of State of the United States l 

[TRANSLATION] 

WASHINGTON, March 27, 1845. 

The Undersigned, Minister Plenipotentiary of the Argentine Confederacy, 
has the honour to inform the Hon. James Buchanan, Secretary of State of 
the United States, that he has received express orders from his Government, 
to communicate to the Government of the United States, the painful occur- 
rences which took place on the 29 th of the month of September of last year, 
between the squadron of the Argentine Confederacy blockading the port of 
Montevideo, and the United States frigate Congress, with the object, 
and for the purpose which he will have the honour to explain in this note. 
He incloses at the same time, copies of the documents 2 relating to this 
affair, which he has received from his Government. 

1 Notes from the Argentine Republic, vol. i. 

2 Of the documents referred to, six in number, the following four, copied from Despatches, 
Argentine Republic, vol. 5, are printed in note 2 to doc. 126, this part: Filton to Voorhees, 
September 29, 1844; Voorhees to Filton, September 30, 1844; Filton to Voorhees, undated; 
Filton to Brown, October i, 1844. The other two, found as enclosures with the present 
letter of March 27, 1845, are the following: 

Captain Voorhees to Commodore Filton 

UNITED STATES FRIGATE Congress, 
No. 5 OFF MONTEVIDEO, October i, 1844. 

SIR: I have the honor to acknowledge receipt of your communication of this morning 
and have to say in reply thereto that the acts of your squadron in firing on the United 
States brig Bainbridge and the bark Rosalba were inconsistent with your protestations. 
By these outrageous acts I was necessarily obliged to take up the defensive and you owe 
your liberty to my moderation and generosity more than to the strict justice of the case. 

When you were set at liberty it was done also that you might return to your colors; 
the failure to do so is a matter that concerns you. But as it appears you write in a 
friendly style and you now appear inclined to display your flag again with the formal 
ceremony of a salute of 21 guns: I assure you that I am no less inspired by friendly con- 
siderations than yourselves. But I cannot accede to your proposal unless you are will- 
ing in saluting with your flagand at the same time to hoist that of the United States at 
the head of the main-mast of your vessel with the salute of the number of guns 
indicated. When this has been done the flag of Buenos Ayres will be displayed at the 
corresponding mast-head of the "Congress", accompanied by the same number of 
shots, but not otherwise. 

But I must continue to hold the vessel and crew now in my power for the piratical act 
of firing under a false flag until I hear from Commodore Turner, who will be duly noti- 
fied of the recent encounter between us. 

Very respectfully [etc.], 

Daniel Turner, Commander of the United States Squadron at the stations of Brazil and 
the Rio de la Plata, to Commodore Antonio Toll, Commander-in- Chief of the Argentine 
Squadron off Montevideo 

UNITED STATES FRIGATE Raritan, 

No. 5 OFF MONTEVIDEO, November 3, 1844. 

SIR: Having been informed by the officer whom I sent to you yesterday that you were 
not boarding American vessels or vessels displaying the American flag, in consequence of 
the prohibition of Captain Voorhees, which was without any authority on my part, I have 



State will see in what manner the scandalous act of violence (atentado) of the 
capture of the Argentine Squadron was effected ; and he will also be made 
acquainted with the other acts, equally violent and criminal, (atentarios) 
committed on that occasion, by Captain P. T. Voorhees, Commander of the 
United States frigate Congress. 

It will there be seen, that the Argentine Commodore not only had not 
communicated with the pilot boat Sancala, which bore the flag of the Oriental 
Republic of Uruguay, before that pilot boat pursued and fired on the fishing 
boat which took refuge alongside of the merchant barque Rosalba of New 
York, but that having received no notice of her appearance in those waters, 
he had taken the alarm, regarding her as an enemy, and had only become 
convinced of the contrary, on seeing with what confidence she advanced 
into the midst of the squadron: he then judged her to be probably, one of 
the small vessels which were being armed at Buceo by His Excellency Gen- 
eral Don Manuel Oribe, President of the Oriental Republic of Uruguay, as 
was proved to have been the case, by the examination made, and by the 
paper from President Oribe, delivered by her Captain, to the Argentine 
Commodore. 

Half an hour after this took place, the pilot boat Sancala, made sail again 
for the point to which she was bound, chasing on her way, several fishing 
boats, as far as the South Cape. On her passing by the barque Rosalba, 
she was captured by the armed boats of the frigate Congress, which were 
without doubt waiting for her. Her officers and crew were made prisoners 
of war, and the pilot boat was immediately equipped as a vessel of war of the 
United States, with their flag and ensign. 

Now if the proceedings on the part of the Oriental pilot boat Sancala 
appeared to Captain Voorhees sufficient to authorise her capture, what 
reason or appearance of a motive could he have had to induce him afterwards 
to insult so grossly the Argentine squadron? What supposition could have 
authorized him to commit the act of violence (atentado} of taking possession 
of that squadron, considering that the Sancala was under a different flag, 
and was not, nor had she been, under the orders of the Argentine Commodore 
without deigning, as was natural if there had been any doubt, to demand 
explanations beforehand from the Argentine Commodore 

But the Commander of the Congress was no doubt determined to commit 
this act of aggression, with premeditated intention, as may be easily deduced 

to advise you in order that there may be no misunderstanding in regard to the matter: 
that, as it is a just and legal right that all nations be permitted to establish a blockade 
when they have sufficient forces to put it into effect; I have to inform you that the block- 
ade of the Port of Montevideo will be respected by the naval forces of the United States 
under my command while it is respected by all the other nations which have naval forces 
in the Rio de la Plata. 
Very respectfully [etc.]. 



264 PART II: COMMUNICATIONS FROM ARGENTINA 

from his proceedings: for when the Congress first addressed the Argentine 
Corvette 25 de Mayo, on board of which Commodore Filton was, to order 
her to haul down her flag, after having already captured the corvette p de 
Julio, Commodore Filton asked Captain Voorhees to give him or ask him 
for explanations on these acts; to which Captain Voorhees answered un- 
courteously "/ want no explanation with you" and leaving that vessel, 
for the time, he bore down upon the Republicano. 

Moreover, whilst the Congress was taking possession of the last named 
vessel, the Argentine Commodore sent the officer Don Victor Fernando 
Elisalde in a boat to ask Captain Voorhees a second time to be pleased to let 
him know the cause of this proceeding, and to claim restitution of the 
Republicano; but this Captain's only answer was detaining the boat and 
making the officer and crew prisoners; thus distinctly shewing that he was 
determined to act as he did without previously informing himself of any- 
thing. 

The Argentine flag having been thus lowered from its vessels of war, those 
vessels being captured and their officers and crews made prisoners, by order 
of Captain Voorhees, he commanded that the Commodore and other chiefs 
and officers of the Argentine squadron should be brought on board of the 
Congress; and then for the first time, after having consummated that out- 
rageous act of violence (atentado) he deigned to explain himself ; telling the 
Argentine Commodore that he had taken those measures on account of what 
had occurred between the pilot boat Sancala and the barque Rosalba, sup- 
posing the Sancala to be under the orders of the Commodore. To this the 
Argentine Commodore replied "that he had no authority over the said 
pilot boat belonging to the Oriental Republic of Uruguay, for whose flag, 
though that of a friend to the Argentine Confederacy, he could not render 
himself responsable as it was the flag of an independant nation." Upon 
this Captain Voorhees told the Argentine Commodore that he was at liberty 
with the other commanders and officers : the Argentine Commodore however 
refused to accept this, protesting before the officers of both nations who 
were present against the insult committed on his flag and making Captain 
Voorhees responsable for the whole affair as well as for the vessels of the 
Argentine Squadron, which he could not again receive in his charge after the 
unjust insults committed upon them. (See Note No I.) 

But Captain Voorhees was not content undoubtedly with these acts of 
injustice and disrespect, and though he was himself convinced that he had 
acted without reason in proceeding in this manner with the chiefs and the 
Argentine Squadron, (as he had given them their liberty) he proceeded to 
the commission of other acts equally unjust and violent, as was the taking 
from on board of the Argentine vessels six seamen who were serving volun- 
tarily in them, four as seamen and two as officers' swains ; forgetting no doubt 
that in this unjust proceeding he was acting contrary to the principles and 



DOCUMENT 137: MARCH 27, 1845 265 

interests which his own country had maintained when the British frigate 
Leopard attacked and captured in the midst of peace the American frigate 
Chesapeake, and set her at liberty after taking from her the English seamen 
who were found on board, an occurrence which by inflaming public opinion 
in the United States subsequently led to the war between this country and 
Great Britain, because the latter power would not recognise the same right 
which Captain Voorhees has contravened in the waters of La Plata by taking 
away American seamen who were on board of the Argentine squadron in 
order to keep them in his own vessels. The just rights of the Argentines he 
has violated at much less risk than the English Captain of the Leopard; 
who at least attacked a ship of equal force whilst Captain Voorhees exercised 
his fury on forces so inferior to his own that they could oppose no resistance 
to him. 

Two large boats and their crews which had been taken from the rebels 
at Montevideo were set at liberty by Captain Voorhees, thus violating the 
neutrality which he should have observed in the same manner as it was 
regarded by the naval forces of the other neutral nations: thus taking an 
active part in favour of the rebels of Montevideo against the Argentine 
Confederacy and the legal Government of the Oriental Republic of Uruguay. 

When the Argentine Commodore generously offered to put an end for the 
time to the difficulties which had occurred, by resuming the command of the 
Argentine squadron in order to continue the blockade which had been sus- 
pended, with the sole condition that on his hoisting the Argentine flag it 
should be saluted with twenty-one guns by Captain Voorhees, Commodore 
Filton offering to do the same to the American flag so soon as his own should 
have been saluted ; not only was this simple reparation refused but the answer 
of Captain Voorhees was as uncourteous as possible. (See copies 3 and 5) 

To this uninterrupted series of outrages and acts of violence Captain 
Voorhees finally added that of preventing the Argentine squadron from 
continuing the blockade of Montevideo which had been recognised by the 
other nations; prohibiting the Argentine squadron from visiting vessels 
under the American flag when such visits were absolutely necessary in order 
to ascertain whether those vessels observed the rules of blockade; thus 
contributing to the prolongation of a cruel and sanguinary war, which 
though most just as maintained by force by the Argentine Confederacy is 
from its duration most onerous to foreign commerce. This state of things 
endured until the arrival of Commodore Turner the Commander of the naval 
forces of the United States on the coasts of Brazil, who acting in justice 
reestablished the blockade. 

Thus, an officer of the navy of the North American nation, a friend of 
the Argentine Confederacy, whilst diplomatic agents of each are residing 
near the Government of the other, without cause or appearance of motive, 
abusing the force entrusted to him by his Government, has suddenly con- 



266 PART II: COMMUNICATIONS FROM ARGENTINA 

verted himself into a most bitter enemy of the Argentine Confederacy, 
exercising his fury upon everything within his reach, and on which it was 
possible for him to inflict injury; as he captures its vessels of war, insults 
its flag, takes away its seamen, sets at liberty its prisoners of war, and not 
content with all this, obliges the Argentine squadron to suspend the blockade, 
placed on the port of Montevideo. Having done by these acts everything 
in his power to jeopardise the relations of amity existing between the two 
nations, to exasperate and excite the minds of the people, who have it in 
their power to prevent themselves from being insulted with impunity, and 
whose just indignation might have produced serious consequences, if the 
Government of the Argentine Confederacy had not employed every means 
of persuasion and power to restrain them ; conducting itself with the utmost 
circumspection and moderation, under circumstances so critical and delicate, 
being convinced as it is, that the hostile acts of Captain Voorhees, cannot 
in any way be approved by the Government of the United States. 

In virtue of all that is here set forth, the Undersigned has received in- 
structions from his Government, to demand, as he does now demand, from 
the Government of the United States, complete satisfaction and reparation, 
for the heavy offenses committed against the Argentine Confederacy by 
Captain Voorhees, the Commander of the naval forces of the United States, 
in the Rio de la Plata. Hoping also that the North American Government 
will take into due consideration, the unjustifiable proceedings of that com- 
mander, in which he has betrayed the high interests confided to him, and his 
correspondence in which he persists and supports the rash measures by 
which he has jeopardised the good relations of the two countries, failing in 
a most uncivil and unusual manner in the respect due among nations to 
each other; and will inflict upon the said Captain Voorhees the punishment 
which he has merited : by which means, the Government of the United 
States will prove its justice, and the benevolence with which it regards the 
unequivocal proofs given to it, by the Government of the Argentine Con- 
federacy, of the desires which animate it to strengthen by every means 
possible the good understanding and relations which happily subsist between 
the two Republics. 

The Undersigned avails himself of this occasion to repeat to the Honorable 
M r Buchanan the assurances of his high consideration and respect. 



DOCUMENT 139: APRIL 13, 1845 267 

138 

William Brent, Jr., United States Charge d" Affaires at Buenos Aires, to Felipe 
Arana, Minister of Foreign Affairs of Argentina l 

ESTABLECIMIENTO DE DON ENRIQUE W. GILBERT 

PARTIDO DE LA ENSENADA, April n, 1845. 

SIR: My health requiring a short excursion into the country, I have 
deemed it prudent to leave the City of Buenos Ayres for a few days. 

In my answer to the communication of the Government of Buenos Ayres, 
establishing a strict blockade of Montevideo, and Maldonado, I then ex- 
pressed the hope, that its sequel would be pleasing to humanity, and pro- 
ductive of a solid and lasting peace. 

In conformity to the hope then expressed it gives me pleasure to say that if 
my mediation or services can be employed to effect such desirable objects, it 
will be a source of great gratification to me. 

I would respectfully, suggest that if the ultimatum of the beseiging and 
blockading powers could be communicated to me, in confidence, it might 
perhaps be in my power to set on foot a train of operations which would 
accomplish objects every way most desirable. 

I have the honor [etc.]. 



139 

Carlos Maria de Alvear, Argentine Minister to the United States, to James 
Buchanan, Secretary of State of the United States 2 

[TRANSLATION] 
ARGENTINE LEGATION, NEW YORK, April 13, 1845. 

The Undersigned Minister Plenipotentiary Extraordinary of the Argentine 
Confederacy, has the honour to address the Hon. James Buchanan, Secretary 
of State of the United States, and to send him adjoined, a communica- 
tion 3 from the Most Excellent President of the Oriental Republic of 
Uruguay, General Don Manuel Oribe, which he has received orders from 
his Government to transmit to the Government of the United States : there 
being at present, no Diplomatic agent of that Republic, in this country. 

The Undersigned hopes that this communication respecting the affair of 
the capture of the Oriental pilot boat Sancala, by the United States frigate 
Congress, commanded by Captain P. T. Voorhees, will contribute most effec- 

1 Despatches, Argentine Republic, vol. 5, enclosed with Brent to the Secretary of State, 
No. 9, August 2, 1845, below, this part, doc. 138. 

2 Notes from the Argentine Republic, vol. I. 

3 Above, this part, doc. 129, dated December i, 1844; it was written by the Foreign 
Minister of Uruguay, at the order of President Oribe, to the Secretary of State of the 
United States. 



268 PART II: COMMUNICATIONS FROM ARGENTINA 

tually to remove and clear up, every doubt which His Excellency the Presi- 
dent of the United States might entertain, as to the conduct of Captain 
Voorhees. 

General Alvear avails himself of this occasion, to repeat to the Honourable 
James Buchanan, the assurances of his high consideration and respect. 



140 

Carlos Maria de Alvear, Argentine Minister to the United States, to James 
Buchanan, Secretary of State of the United States x 

[TRANSLATION] 
ARGENTINE LEGATION, NEW YORK, May 17, 1843. 

SIR: On the 27 of March last I had the honour to place in your hands a 
note of the same date 2 in which by Express orders from my Government I 
informed the Government of the United States of all the details respecting 
the outrage committed by Captain Philip T. Voorhees, the Commander of 
the United States frigate Congress, upon the squadron of the Argentine 
Confederacy blockading the port of Montevideo; asking at the same time 
for proper reparation and satisfaction as well as for the punishment which 
Captain Voorhees justly merits for his conduct. And although the Argen- 
tine Confederacy places the most entire reliance on the justice and rectitude 
of the Government of the United States, yet as the circumstances to which 
my note of the 27 of March relates are of a nature such that no nation can 
submit to them without loss of honour and dignity, and as I have not yet 
received any answer from the Government of the United States to my said 
note, I consider it to be my duty again to request your attention to it, and to 
state at the same time that I have received especial instructions from my 
Government to require from that of the United States the immediate de- 
termination of this affair, the delay of which cannot" fail to cause the greatest 
uneasiness and dissatisfaction. Relying on the rectitude of the Government 
of the United States, and the principles by which it is guided I am sure that 
it will estimate the strength of the reasons which render this requisition 
necessary. 

I have the honour to repeat to the Hon. Secretary of State the assurances 
of my high consideration and respect. 

1 Notes from the Argentine Republic, vol. i. 

2 See above, this part, doc. 137. 



DOCUMENT 142: JULY I, 1845 269 

141 

William Brent, Jr., United States Charge d" Affaires at Buenos Aires, to Felipe 
Arana, Minister of Foreign Affairs of Argentina 1 

BUENOS AIRES, June 12, 1845. 

SIR: It is my anxious desire that my offers of service to the attainment of 
a solid and permanent peace in the Countries of La Plata should be in 
progress. 

To the attainment of an object so important in every respect I solicit that 
an interview be held at your office as soon as possible at which shall be pres- 
ent the Baron Deffaudis, Envoy Extraordinary and Minister Plenipotentiary 
of the King of the French, the Hon b . le W 1 ? Gore Ouseley, Minister Plenfr of 
H. B. M y yourself as Minister for Foreign Affairs of the Argentine Con- 
federation and myself. 

This conference will no doubt have, it is to be hoped, a great tendency to 
draw to a rapid close the Principles developed in the conferences which I have 
had with this Government, with M? Ouseley and also with M? Ouseley your- 
self and myself in relation to the subject of my letter to the Argentine Gov- 
ernment of ii April 1 845.2 

An answer to this communication as speedily as your convenience will 
allow will greatly oblige me. 

I have [etc.]. 

142 

William Brent, Jr., United States Charge d 1 Affaires at Buenos Aires, to James 
Buchanan, Secretary of State of the United States 3 

No. 5 BUENOS AIRES, July i, 1845. 

SIR: No acknowledgement from the Dept. of State has been received to 
my letters NS i. dated Dec. n^ 1844. NS 2. Jan? 15^ 1845. N2 3. & 4. of 
28^ January i845. 4 

At these dates the strict Blockade of the Port of Montevideo, had been 
ordered by the Argentine Government, but had not been acknowledged by 
the English and French Admirals commanding on that station. 

In other respects however, a considerable change has taken place. A 
short time before my arrival here, the French Plenipotentiary the Count de 
Lurde had taken his departure, and the English Plenipotentiary M* Mande- 
ville has also gone since. These have been replaced, on the part of France, 
by the Baron de Mareuil, Charge" d'Affaires, by the Baron Deffaudis Envoy 

1 Notes from the British Legation, vol. 23, enclosed with note of November 7, 1845, from 
the British Minister to the Secretary of State, for which see the volume and part containing 
Communications from Great Britain. No copy of this was found among Brent's despatches. 

2 See above, this part, doc. 138. 3 Despatches, Argentine Republic, vol. 5. 

4 For the last three, see above, this part, under their respective dates, docs. 131, 133, and 
134- 



270 PART II: COMMUNICATIONS FROM ARGENTINA 

Extraordinary & Minister Plenipotentiary, accredited on the 6^ June, & by 
Monsieur Page a Commissioner who arrived about the same time : and on the 
part of Great Britain, by M- Ouseley Minister Plenipotentiary, accredited on 
the 8^ May. These are now all assembled at this place. 

With this encrease of Diplomatic agents, at this place the Naval Force of 
France, Brazil, & Great Britain have also encreased gradually in the Rio de la 
Plata; until they now amount to 29 Vessels of War mounting 549 Guns, and 
4620 Men. This force has been gradually encreasing, and its assemblage 
here accounted for under different pretexts. (See the Statement of this 
Force, hereto annexed.) A. & B. 1 

Under the circumstances in which this state of things has taken place, I 
have deemed it best, during this interval, to endeavour as far as practicable, 
to make myself acquainted with the state of things here ; to extend my ac- 
quaintance so as to enable me to collect information, upon which reliance 
might be placed ; and to base this information, whenever it could be done on 
authentic documents and other authentic evidence. I have deemed this 
the preferable course rather than to have sent detached statements, and 
because too, safe opportunities of conveying information not being regular, 
this would render such detached information of less value. This method of 
proceedure will, I hope better enable the Government of the United States to 
determine with more accuracy, & more satisfactorily as to the real state of 
things in this extensive and most important country. 

The departure of Amory Edwards Esq. enables me to entrust this com- 
munication to him. He has resided at this place for the last four years as our 
American Consul, and previous to this for a number of years as a merchant 
here, at Montevideo, & Rio Grande. He possesses much valuable informa- 
tion respecting these countries. 

In order to present a distinct and proper view of things, here at present, it 
will be necessary to make a short summary beginning some years previous to 
the present time. 

By a preliminary convention of peace in 1828 between the Government of 
the Republic of the Rio de la Plata, and his Majesty the Emperor of Brazil 
under the mediation of Great Britain, the "absolute Independence' 1 of the 
Province of Montevideo, and of the Province of the Banda Oriental was 
acknowledged. And a Written Constitution, regularly adopted as set out in 
Art. 10. which declared: that 

It being a duty of the two contracting Governments to assist and pro- 
tect Montevideo, until it be completely constituted, the said Govern- 
ments agree, that if previously to the Constitution being sworne to, 
and during five years afterwards, its tranquility and security should be 
disturbed by a civil war, they shall lend the necessary aid to maintain, 
and support the lawful Government. After the expiration of the 

1 Not printed in this publication. 



above term all protection shall cease, and the province shall be con- 
sidered in a state of perfect, and absolute Independence. 

The Constitution being regularly framed was sworne to, and the Legal 
Government went into operation, under the name of "the Oriental State of 
Uruguay." ( ) General Rivera, as the first President, entered on the 
duties of his office on the 4^ March 1831; General Oribe was chosen his 
successor, and entered on the duties of his office on the 4^ March 1835. 

In March 1839 the French Admiral LeBlanc ( ) without any Declara- 
tion of War by France, declared the Port of Buenos Ayres, and all the 
Littoral Coast of the Argentine Republic in a state of rigorous blockade. 

( ) 

During this French Blockade the French attacked and took after a severe 
resistance and considerable loss of lives on both sides the Island of Martin 
Garcia, a fortified Island situated in the Rio de la Plata, at the mouth of the 
rivers Uruguay, & Parana which it commands. The French also captured two 
Argentine Vessels of War. These with Martin Garcia were returned to the 
Government of Buenos Ayres by Art. II. ( ) of the Convention between 
France & Buenos Ayres. Besides these public ships the French captured a 
number of Merchant vessels and cargoes, belonging to different Foreign 
nations, as well as to the Argentine Confederation (C.) 1 

A place was wanting to make sale of the vessels and Cargoes taken by the 
French Blockading forces. The French endeavoured to effect those sales at 
Montevideo. On this subject, a correspondence took place between the 
authorities of the Oriental Republic of Uruguay, & the French Official 
Documents relative to this are appended to the Pamphlet marked D. 2 
see pa. 27. et seq. 

The refusal of President Oribe to permit the sale at Montevideo of the 
ships and cargoes taken by the French, which was demanded by them pro- 
duced his downfall. For immediately after this period in Oct. 1838 he was 
forced to resign. His Manifesto, with the Documents accompanying leave 
little doubt as to the cause of his resignation, & an earnest enquiry among 
the most respectable and dispationate leave none whatever that foreign 
influence mainly effected his overthrow. During this procedure all the 
functions of the Constitutional Government ceased, the members of the 
Congress dispersed; the Constitution was at an end. (E 1 -.) 3 

r : This is a pamphlet, in Spanish, of eighty-nine pages, containing a manifesto of D. Manuel 
Oribe, claiming to be the legal president, regarding French assistance to (the so-called rebel) 
Fructuoso Rivera. 

2 It is in French, covers one hundred and four pages and is entitled "Some Reflections" 
in reply to the brochure published at Montevideo, by D. Florencio Varela, under the title 
[in French] Development and Denouement of the French Question in the Rio de la Plata, 
printed at Buenos Aires, 1841. 

3 This reference is to an appended note at the end of the despatch which reads as follows: 

Ei That this entire dissolution of the Constitutional Government was produced 
mainly by the aid of the Resident French and Italiens, aided by French Gold, there 



272 PART II: COMMUNICATIONS FROM ARGENTINA 

At this epoch the population in the town of Montevideo amounted to 
from 20, to 25,000 souls: of these a large proportion were French and Italians. 
In the whole Republic of the Banda Oriental, including this town there were 
at that time about 120,000 souls, at the ejection of President Oribe the House 
of Representatives consisting of thirty deputies, and by 18^ Art. of the 
Constitution it requires one representative for every 3,000 souls. Aided 
by this foreign population General Rivera effected the complete overthrow of 
the Constitutional Government. This will be seen by his declaration hereto 
annexed (E.) x made on the iiili Nov. 1838 vesting in himself all power and 
virtually declaring himself dictator : & in complete violation more especially 
of the 1518! Art. of the Constitution. (F.) 2 

Thus possessed of supreme power he sent an army into Entre Rios one of 
the Provinces of the Argentine Confederation situated next to the Oriental 
Republic of Uruguay higher up the La Plata, on the north About this 
time General Rivera made a formal declaration of war (G.) 3 against the 
Governor of the Province of Buenos Ayres, & having entered Entre Rios 
completely laid it waste. 

The Blockade of the French Admiral Le Blanc of the Port of Buenos 
Ayres, and of all littoral coast of the Argentine Confederation was finally 
terminated by a Convention between France and the Argentine Confedera- 
tion on the 29& of October 1840. (See Page 86. Letter D. 4 ) 

During the whole duration of this French Blockade several of the Provinces 
of the Rio de la Plata were in a state of open insurrection. The Provinces of 
Entre Rios, Santa Fe, Corrientes were more particularly so, others to a lesser 
extent. These were headed principally by Lavalle, Paz, & La Madrid. A 
serious insurrection also took place in the South of the Province of Buenos 
Ayres. But after various successes were all put down by the Government 
of the Argentine Confederation, at the head of which during this whole event- 
ful epoch was Gen* Rosas. 

It is proper that the 4th Art. of this Convention of Oct. 1840 should here 
be noticed. 

appears no doubt. This has been confirmed to me by a minister of the Gospel long 
resident in Montevideo by the Foreign Minister of Portugal also Resident; & various 
other persons. 

1 Printed in Spanish, and covering four quarto pages. 

2 This reference is to an appended note at the close of the despatch reading: 

F. Extract from the Constitution of the Oriental Republic of Uruguay Article 
151 " Whoever shall attack or provide means to attempt against the present Constitu- 
tion after being sanctioned, published, and sworn to, shall be considered, judged, and 
punished as guilty of high treason against the nation" 

3 This refers to the following note at the close of the despatch: 

G. "Manifesto que hace el General en Jefe del Ejercito Constitutional, Investido 
del mando supremo de la Repiiblica Oriental del Uruguay, de los Motives y razones 
que justifican, y hacen necessaria, la Guerra contra el Gobernador actual de la Pro- 
vincia de Buenos Ayres" 

4 This is the pamphlet described above in note 2 to doc. 142, this part, p. 271. 



. 

de parfaite et absolue Ind6pendance la R6publique Orientale de 1' Uru- 
guay de la maniere qu'il la stipule dans la Convention preliminaire de 
paix, conclue le 27 Aout, 1828, avec 1'Empire du Bre'sil, sans prejudice 
de ses droits naturels, toutes les fois que le demandent la justice, 1'hon- 
neur et la se'curite' de la Confederation Argentine. 

By this Convention the French surrendered and returned the Island of 
Martin Garcia, the Argentine Ships of War, which they had taken: and 
withdrew their blockading squadron. 

Thus left free by the French, and having triumphed over all the insurrec- 
tionary movements as seen above, it only remained for General Rosas to 
terminate the war commenced, and declared by General Rivera. And in 
pursuance of the 4*^ Art. of the Convention with France, the security of the 
Argentine Confederation requiring it, he continued to harass Rivera, who 
was finally defeated in the Argentine Province of Entre Rios on the 6& Dec. 

1842, at the battle of Arroyo Grande. 

On the 1 6& of the same month the British and French Ministers in conform- 
ity to Instructions received from their Governments presented seperate Notes 
to the Argentine Government of which copies are annexed marked (H. &H. 1 ). 

These require "12 The immediate cessation of hostilities between the 
Argentine troops, & those of the Republic of Uruguay. 

"22 That the troops of the Argentine Confederation It being understood 
that those of the Republic of Uruguay shall adopt the same course shall 
remain within their respective territories, and withdraw them, should they 
have passed their frontiers." 

Immediately after this battle which was most decisive Rivera fled to the 
Banda Oriental, and General Oribe at the head of the combined troops of the 
Uruguay Republic, and those of the Argentine Confederation, marched 
through the whole territory of Uruguay without the smallest opposition, and 
soon after commenced without any molestation the siege of the town of 
Montevideo. 

But scarcely had he set down before it when on the 16^ March 1842 2 the 
British and French Ministers addressed the following note (I.) by which they 
propose that "the seige of Montevideo, should be changed into a Blockade, 
and that no attack should be made either on the side of the sea, or on the side 
of the land, against this city, which is not a place of war, & whose line of 
deffence is so situated (rapproche'e) that it cannot be carried without the 
town, & the numerous foreign population which it contains suffering the most 
serious prejudices." 

1 Not printed, since their most important contents are quoted. 

2 This is the year, in the manuscript of the despatch; but it should evidently have read 

1843. The copy of the joint note marked (I), enclosed with the despatch, and is dated 
1843. It has not been printed, since its important contents are quoted or summarized. 



274 PART II : COMMUNICATIONS FROM ARGENTINA 

"If this proposition is admitted, it is well understood that the troops wl 
defend the town of Montevideo shall make no attempt (n'entreprendrc 
on their side against the troops which form the blockade" 

1 ' The two parties belligerant accepting this arrangement the English 
French Marines which have landed at Montevideo to protect the fon 
property shall reembark immediately." 

From this note of the French and English Ministers they propose that 
seige shall be converted into a Blockade and it further appears that tl 
nations had troops in the town to protect foreign property, such was 
unsettled state of things within the place. And it would further seem 1 
the troops defending the town were under the controul of the French and E 
lish Ministers. 

This proposal of the French, & English produced a reply on the part of 
Argentine Government on the 20^ March by which it declares "that 
admission of what is proposed by their E. E. the Ministers would neutre 
the moral strength of the army, would weaken its enthusiasm, would proc 
a want of confidence, would occasion discords, would afford time and 
courage the enemies of both Republics, would prolong immensely the ^ 
would involve us in questions of great and important consequences, w< 
lengthen the moment to reap the great benefits of peace, which this Gov< 
ment wishes, and with enormous discredit would render useless the favour; 
results consequent upon the complete defeat of Rivera at Arroyo Grande, 

"The Argentine Government therefore trusts, that the impossibilit 
which this Government is of paralizing * the military operations of H 
the President Brigadier General Don Manuel Oribe tending to secure p 
between both Republics, and the future well being of the Inhabitants of t 
sides, will be duly appreciated." 

The French and English Ministers entered a "protest against this mea 
as far as the lives, & property of the subjects of France, & Great Britain 
concerned." ( ) 

To this protest of the British and French Ministers, the Argentine Gov 
ment replied on the 2^ May 1843, declaring, 

"That a protest which tends to invalidate one of the most dear and 
cious rights of the Confederation, that of making war against an un 
enemy, who declared it with perfidy, and sustains it with the devastatic 
these countries, cannot be reconciled with acknowledged principle:" 

Having seen the proposition of the English and French Ministers propc 
to convert the seige into a Blockade, I will here conclude by deferring tc 
next a further view of what took place when the Blockade on Montev 
was announced by the Argentine Government. 

I have the honour [etc.]. 

1 Probably an error for "paralyzing". Since no copy was enclosed of the Arge 
reply, from which Brent was evidently quoting in translation, it is not possible to asce 
just what the word should have been. 



DOCUMENT 144: JULY 29, 1845 2 75 

143 

William Brent, Jr., United States Charge d' Affaires at Buenos Aires, to Felipe 
Arana, Minister of Foreign Affairs of Argentina l 

B. BUENOS AIRES, July 26, 1845. 

SIR: The promptitude and pleasure with which the Argentine Government 
received my proffer of services in my letter of the I !& April 2 was exceeding- 
ly gratifying. And the undeviating confidence, which the Argentine Con- 
federation has continued to manifest in relation thereto, are incidents which 
cannot but convince the United States of the exalted sentiments entertained 
by the Argentine Confederation for them. But it has occurred to me that 
perhaps under existing circumstances it might be desirable that this proffer 
of friendly services should be suspended. Desirous therefore, that no step, 
which I have taken should embarrass in any manner whatever, the restora- 
tion of peace, I have deemed it best to make this communication to Your 
Excellency. If, then, the suspension of my services as made by my letter 
of the 1 1^ of April is desirable on the part of the Argentine Government, in 
order to the attainment [sic] of an object so much to be desired, I hereby 
state to Your Excellency that the Argentine Government has my full appro- 
bation to suspend, and to resume these services as they shall deem most 
conducive to the attainment of peace. 

Let me not be misunderstood : of the right of the United States to make 
this proffer as made by my letter of the n^ April, and of the right of the 
Argentine Government to accept them there can be no shadow of doubt: 
but, I beg leave to repeat that as under existing circumstances, it might be 
desirable to suspend the employment of these services, to be resumed by the 
Argentine Gov?. whenever they may be deemed useful & subservient to the 
ends of humanity, and the attainment of a solid peace: they have my appro- 
bation to do so. 

I avail myself of this occasion to renew to Your Excellency the assurance 
of my distinguished consideration. 



144 

William Brent, Jr., United States Charge d 1 Affaires at Buenos Aires, to James 
Buchanan, Secretary of State of the United States 3 

No. 6 BUENOS AIRES, July 29, 1845. 

SIR: I send for the Dept. of State a Copy (4 volumes & an Index) of the 
Laws and Decrees of the Argentine Government. 

1 Despatches, Argentine Republic, vol. 5, enclosed with Brent to the Secretary of State 
No. 9, August 2, 1845, below, this part, doc. 147. ' 

2 In his note of that date, above, this part, doc. 138. 
8 Despatches, Argentine Republic, vol. 5. 



is "Convention Preliminar con el Brazil." Art. 10, Vol. n. Pa. 947.- 
and 

22 "Convention, entre la Francia y el Gobierno de los relaciones &c. de 
la Confederation Argentine. Art. 4. 

Because it is upon these conventions that Great Britain and France now 
claim to be guarantees of the Independence of the Republic of Uruguay. 
This will be seen by their letters to the Argentine Government dated on the 
8* July I845, 1 sent to the Dept. of State in my letter of July 1845.- 

I have the honour [etc.] . 



145 

William Brent, Jr., United States Charge d" Affaires at Buenos Aires, to James 
Buchanan, Secretary of State of the United States 2 

No. 7 BUENOS AIRES, July 29, 1845. 

SIR: In my letter No. 5. on the i^ Inst. 3 1 had the honor to inform you, that 
the British and French Ministers had proposed that the seige of Montevideo 
by General Oribe, on the land side, should be converted into a Blockade; and 
that the English and French Marines in that town should be withdrawn. 

The Blockade was ordered by the Argentine Government as seen by (A) 
already sent in despatch of 28^ Jan. 1845 4 dated 19^ March 743. By 
this Note "the entrance into the Port of Montevideo of vessels conveying 
contraband of war, beef fresh or salt, live cattle, & fowls of every kind are 
prohibited : leaving foreign commerce, & vessels authorized for anything else 
in the liberty which they have enjoyed hitherto." (B) 

Scarcely had this order issued, when on the 28^ March 1843 B (C) the 
Ministers Plenipotentiary of France & Great Britain drew up another 
Memorandum by which they (out demande] requested of the Government of 
Buenos Ayres, that "merchant vessels coming from the high seas, shall not 
be comprehended in this notification: it being understood, that the Consuls 
and Commanders of the Naval Station employ all the means in their power 
in order to prevent the merchant vessels of their respective nations, to be 
employed in the coasting Trade, for the purpose of introducing into Monte- 
video, provisions and arms." (C.) (See the Memorandum.) 

1 Not found in the manuscript volume. Neither is there any letter from Brent to the 
Department between his No. 5 of July I, 1845, above, this part, doc. 142, and this No. 6 of 
July 29, doc. 144. His No. 7, also of July 29, doc. 145, and his No. 8 of July 30, doc. 146, 
are printed below; but neither is accompanied by these French and British notes of July 8. 

2 Despatches, Argentine Republic, vol. 5. 3 Above, this part, doc. 142. 

4 Above, this part, doc. 134; and in note 4 of doc. 133, p. 254, above, is the order of March 
19, 1843. 

6 For this joint note of March 28, 1843, see doc. 133, this part, note I, p. 256. 

6 The words here translated "to be" should apparently have been translated "from 
being". 



DOCUMENT 145: JULY 29, 1845 277 

In compliance of this Memorandum the Argentine Government issued an 
order on the 30-^ x March 1843 by which: 

Merchant vessels which may arrive from the high seas shall not be 
comprehended under the notification of the 19^ instant: provided, the 
consuls & commanders on the station shall use all the means, which 
may be in their power in order to hinder the merchant vessels of their 
nations from engaging in the coasting trade in order to introduce into 
the port of Montevideo provisions, and arms. 

By these stipulations, & order merchant vessels beyond sea were admitted, 
& the consuls, and Commanders of the French and British agreed to pro- 
hibit the entrance of provisions, & arms in the vessels of their respective na- 
tions. 

Soon after the Argentine Admiral had received this order to blockade the 
town of Montevideo, he entered the port of Montevideo, and took possession 
of Rat Island, which commands the harbour, and town of Montevideo: 
taking at the same time some powder found on the Island. Scarcely had he 
done so when the British Commodore Purvis compelled him to abandon this 
Island, and forced Brown the Argentine Admiral to surrender the powder, 
and returned it to Montevideo. 

This was in conformity to orders, as seen by the written declaration from 
Commodore Purvis to Admiral Brown, on the 30^ April 1843 saying that: 

"My orders are from my Government not to permit the Argentine Squad- 
ron to bombard, or to take any hostile measures against it," Montevideo. 

And by a statement made on the 31^ May 1843 Com^ Purvis again de- 
clares : 

is That such Blockade is an act of hostility entirely in opposition, & 
inconsistent with the instructions of H. My's. Government. & 

2^ That there are precedents of acts sanctioned by H. My's. Govern- 
ment, which establish the principle of not recognizing the new ports 
of South America as maritime powers, authorized to exercise so high 
and important a right as that of Blockade. (D.) 2 

1 This order was dated March 29, 1843. See above, this part, doc. 133, note I, p. 256. 

2 The full text of this statement of May 31, 1843, by the British Commodore Purvis, 
enclosure D, with this despatch from Brent, is as follows: 

D 

OBJECTIONS TO THE ESTABLISHMENT OF THE BLOCKADE OF THE PORT OF MONTEVIDEO 

BY THE BUENOS AYREAN SQUADRON, FOUNDED PRINCIPALLY ON THE LAW OF NATIONS 

WITH REGARD TO BLOCKADES 

I- That such blockade is an act of hostility entirely in opposition and inconsistent 
with the intentions of Her Majesty's Government, as it has been declared in the cor- 
respondence that has been kept up on the various points or steps of the negotiations 
which have taken place for the pacification of the River Plate. 

2^ That there are precedents of acts sanctioned by Her Majesty's Govt. which 
establish the principle of not recognizing the new ports of South America as maritime 
Powers, authorized to exercise so high and important a right as that of blockade, founded 
on the grounds that the uncertain state of their Gov- and their continual Civil wars 
would also make blockades continually destroying thereby all the bases upon which the 
English commerce with those countries might be carried on. 



278 PART II: COMMUNICATIONS FROM ARGENTINA 

It is certain however that the English Minister at Buenos Ayres 
condemned the conduct of Commodore Purvis, but the Corns having 
his instructions as he said, and having the force, would not permit the 

3 a]y That the proceeding principle becomes more specially applicable to the Republic 
of Buenos Ayres in consequence of the want of the most essential characteristics of 
nationality in the Constitution of their naval forces. 

^twy ^hat the institution of such blockade is in opposition to the legitimate objects 
of the National war, in as far as its prejudicial effects must fall almost entirely on Neu- 
trals and it cannot reasonably be expected that they will weaken the means of resistance 
of the party against whom the hostilities of Buenos Ayres are directed. 

5^ That a considerable number of British < subjects would be left exposed to im- 
minent personal danger, and an immense quantity of British property to almost certain 
destruction, the former as well as the latter having a right to that consideration and 
proper protection which would be absolutely out of my power to afford them after 
having recognized and sanctioned such blockade. 

With regard to the first proposition I shall observe that, when on the 28^ July 1841 
H. M's Govt. offered their mediation through the medium of the Minister in the River 
Plate they expressed themselves extremely desirous that a termination should be put to 
the differences that then unfortunately existed between the Govts. of Buenos Ayres and 
Montevideo, and that the friendly relation which ought to subsist between States 
located in so close a neighbourhood of one another and whose citizens are so intimately 
linked by blood & origin should be reestablished. This is the first proof I have of the 
benevolent intentions of Her Majesty. 

In consequence of the repulse by the Govt of Buenos^Ayres, of this offer of mediation 
on the part of Great Britain, the latter conjointly with the Government of France, 
made a second offer to the same object, & the Ministers encharged with its negociation 
not only declared that this was dictated by sentiments of humanity and of ardent 
interest for the prosperity of the two neighbouring Republics, but also explained their 
views of the pending political question so far as to have declared that the excuse al- 
ledged by General Rosas in order to justify the hostilities carried on by him against 
Montevideo and the conditions he had proposed in order for him to accept the media- 
tion were inadmissible & that it was evidently impossible that the British and French 
Gov;? should sanction by their mediation the wishes of General Rosas with regard to 
thalfcondition, and they moreover expressed their hope that General Rosas would not 
hesitate to accept the offer of Great Britain and France, for the purpose of putting an 
end to the war which in consideration to humanity and to the prosperity of both 
Republics it was as ardently desired by the whole of Europe, as by the inhabitants and 
Govt. of Montevideo, who only demanded peace and the most legitimate right in the 
world that of determining by themselves their rulers and their form of Government 
on the second offer of mediation being repulsed, to which the preceeding paragraph 
alludes to, the British Minister addressed a note to the Govt. of Buenos Ayres, in 
which I observe the following passage " The undersigned has read that resolution and 
decree ^with the most profound regret, and now in conformity with the instructions 
from his Government he has only to inform the Govt. of Buenos Ayres, that a j ast con- 
sideration for the Commercial interests of Her Majesty's subjects in the River Plate 
may impose upon Her Majesty's Govt. the duty of having recourse to other measures, 
with the view of removing the obstacles which at present interrupt the pacific naviga- 
tion of these waters." 

Subsequently on the 16*^ of December ultimo, a formal intimation was made by the 
British Minister, in conformity with the instructions he had received from his Govern- 
ment, manifesting that the intentions of Great Britain and France were to adopt those 
measures which might be deemed necessary in order to put an end to the hostilities 
between the Republics of Buenos Ayres and Montevideo, and representing to the 
former Government " that the sanguinary war at present carried on between Buenos 
Ayres and Montevideo must cease and that for the interest of humanity for that of 
British and French subjects as well as of other foreigners established in the Country 
which is now the theatre of the war, he required from the Buenos Ayrean Govern- 
ment" 

" i& The immediate cesation of the hostilities between the Argentine troops and 
those of the Republic of the Uruguay" 

"2^ That the troops of the Argentine Confederation, it being understood that 
those of the Republic of the Uruguay will adopt a similar Course, shall remain within 



Squadron. 

But although the English Commodore refused to acknowledge this Block- 

their respective territories, and shall return to them should they have passed their 
frontiers." 

With all these proofs before me, it is impossible that any doubt whatever should oc- 
cupy my mind regarding the interpretation I should give to the expressions contained 
in the documents alluded to, and as it is so clearly manifested to be the intentions of 
Her Majesty's Government to establish the peace of these Republics, to preserve the 
territories of each from any transgression of limits on the part of the other, and to 
protect specially the interests of British Subjects and of other Foreigners residing here, 
I cannot consider it consistent with my duty to sanction by means of a recognition of 
the blockade on the part of Buenos Ayres, an act of hostility so much in opposition with 
the intentions alluded to founded as they are on all principles of humanity; and more- 
over it appears to me that until the want of consideration evinced by the Buenos 
Ayrean Government, to the requisitions contained in the despatch addressed by the 
British Minister on 16- December, shall be known by Her Majesty's Government and 
they have given their resolution regarding it; such act would amount to a tacitt ap- 
proval on my part of those proceedings of the Buenos Ayrean Government which are in 
open contradiction with the terms of said requisitions. 

In support of the second proposition I am not prepared with documents to quote 
from them the precise data and circumstances under which the principle has been ob- 
served, but I believe I may confidently assure that in 1837 the Commander of H. M's 
naval forces on the western course of South America refused to acknowledge the legality 
of a blockade which was intended to be established by the Government of Chile on the 
ports of Bolivia, founding his determination on the motives set forth in the proposition, 
the conduct of which Commander received the approbation of H. Majesty's Govt. 

It is also vigorous on my mind the impression that a similar conduct has been observed 
with regard to other South American States. 

I have stated in my third proposition that the naval forces of Buenos Ayres are deffi- 
cient of the most essential characteristics of nationality; that having as my guide in the 
first place, the qualities established in the commercial Treaties, as necessary in order to 
constitute National a vessel, though these qualities only embrace merchant bottoms, I 
observe that the Buenos Ayrean vessels of war are absolutely wanting in those qualities, 
for not only are these vessels of foreign construction, but also their Commanders officers 
and almost all the individuals composing their crews are foreigners And on the other 
hand, moreover, the Commander in chief as well as a considerable number of the Crews 
are British subjects, to whom (as I have already intimated it) it is ilegitimate that they 
should be occupied in their present service under the existing circumstances. The proof 
that this deffect of National characteristics is recognized by the Govt. of Buenos Ayres, 
presents itself, from the fact, that in the present case the usual form of intimating the 
intention to institute a blockade has not been observed, since no intimation whatever 
has been made to me by the Buenos Ayrean Commander in chief such intimation having 
come to me through other channel. Such doubt existing with regard to the nationality 
of the vessels that compose the blockading Squadron, I do not deem myself justified in 
considering them "belligerent cruizers legally commissioned", such as according to the 
doctrine established by Sir William Scott they ought to be, in order to be employed in 
the execution of a blockade. 

In order to substantiate my fourth proposition it suffices to manifest the rule of Inter- 
national Law which establishes that in order for a blockade to be legal, it is necessary 
that benefit should accrue to him who promotes it and prejudice towards the other Power 
and as the proportion of neutral subjects to that of native citizens who are with arms in 
their hands in defence of the City is very small, say from five to one and as on Govt. 
applying the stock of provisions at present existing in the city to the exclusive use of the 
native defenders, no rational term whatever can be fixed for the draining up of those re- 
sources and the consequent privations and calamity emanating from the interdiction 
would fall completely on the immense majority of the neutral & pacific inhabitants who 
are no parties in the war. Moreover that the blockade in this case, is nothing after 
all, but a partial measure, which although so immensely urgent on the foreign inhabi- 
tants, is very far from being such as to influence in the termination of the war in^the 
country, since General Revera is at the head of a considerable corps of troops and in a 
state to continue it for an indefinate time. 



28o PART II: COMMUNICATIONS FROM ARGENTINA 

ade; yet under that part of the Memorandum of the British, & French Minis- 
ters of the 28-fe March 1 declaring that "the Consuls, and Naval Com- 
manders of the station employ all the means in their power in order to pre- 
vent the merchant vessels of their respective nations to be employed in the 
coasting trade, for the purpose of introducing provisions and arms," yet 
no part of this memorandum, appears to have been respected; and the right 
of search on the part of the Argentines, sustained a most severe and insulting 
injury. 

The French Commodore refused to permit French ships to be visited 
or searched by the Argentine Squadron. (E F ) This is fully 
seen by the accompanying letters from Admiral Lain6, commanding the 
Squadron of the French Naval Station of Brazil on the 9^ & 2i& Jan. 

1845.* 
The consequence of all this was, that every thing was introduced into 

It has been intimated to me Officially through the medium of H. M's Consul, that the 
Minister for Foreign Affairs of Montevideo, intends in the event of the blockade being 
carried into effect, in order to counteract as far as possible the efforts of the enemy, to 
publish a decree ordering all those persons who cannot make themselves useful in the 
defence of the city to leave it immediately, a measure justifiable and established by the 
laws of war. The number of foreigners at present residing in the city of Montevideo is 
so considerably greater in comparison with that of native Citizens, that it forms an ex- 
ceptional and an anomalous case in the population of Citizens. I have no means of 
maintaining the persons, nor of removing the property of H. M's subjects that under the 
effects of the blockade and of said Decree, would be left exposed to the alternative either 
to take up arms to defend their property, valued at more than two millions pounds ster- 
ling, or absolutely to abandon it, and in any of these cases H. M's subjects would be 
placed in imminent danger, either in consequence of the casualties of the war, or on ac- 
count of having to traverse the interior of the country without the power to make pro- 
vision for their protection and subsistence, I cannot hence do better than to conclude 
with the words of Sir William Scott "that it cannot be denied that the blockade is one of 
the measures most severe and harsh in its execution and that it is not comparable with 
those inscribed in the Code of public Law," the present blockade being doubly so on 
account of the circumstances consequent on the peculiar situation of the inhabitants of 
Montevideo. 

Given under our hand on board H, My's Ship Alfred off Montevideo this day the 
312-' of May 1843. 

J. B. PURVIS 
Commodore. 

1 See above, this part, doc. 133, note I, p. 256. 

2 The following are the translations of the two letters of the French Admiral, enclosed with 
this despatch: 

Rear Admiral Laine, Commander-in- Chief of the French Naval Forces in South American 
Waters, to Admiral Brown, Commander-in- Chief of the Argentine Forces off Montevideo 

E ON BOARD L'Africaine, January p, 1845. 

JVlR. ADMIRAL: It has neve^ been rny intention to wish to prevent you from exam- 
ining the vessels of my Nation indicated to you as desiring to introduce into Montevideo 
prohibited objects, but I desire, in conformity with the Conventions adopted, that no one 
shall go aboard those vessels before we ourselves have made visit and search, a condition 
that has not been observed in regard to the Columbien which entered on the 6th instant, 
for an officer of the Argentine navy boarded that vessel and searched it contrary to the 
stipulated conventions, which I can in no way alter since they have been sanctioned by my 
Government. 

Accept, Mr. Admiral, renewed assurances of my high consideration. 

P. S. La Gabrielle indicated to you had on board only 100 sheep, which will not be 
unloaded at Montevideo. 



uuuiu UULCUU iLuiub, nicy UULUU uuLcuu wnaiever nicy 

In order to obtain these, the inside party at Montevideo, has made sale 
not only of the proceeds of the Custom House, for some years to come, but 
all the public property, stamp duties &c. more especially to Lafone and a 
company of Englishmen. 

By reference to the letter of Lord Aberdeen herewith sent (G) 1 he says: 
that 

Rear Admiral Laine to Admiral Brown 
F L'Africaine, ROADSTEAD OF MONTEVIDEO, January 21, 1845. 

MR. ADMIRAL: I am sending you two reports which will convince you of the neces- 
sity of renewing the order given to the Captains of the vessels of the Argentine division to 
dispense with visiting the vessels of my Nation. It is agreed that we should act in ac- 
cordance with the provisions adopted by you, Mr. Admiral, and my predecessor. I 
warn you, therefore, that in the future I shall protest very energetically against all visits 
made without my order on board vessels flying French flags. 

I offer you, Mr. Admiral, renewed assurance of my high consideration. 

Rear Admiral, Commander in Chief, of the French naval Station of Brazil &c. 

1 The following enclosure G is not a letter of Lord Aberdeen but it contains a quotation 
from a communication, apparently from Lord Aberdeen to the British Minister at Buenos 
Aires. The certificate which follows it, which is said to have been at the end of it, shows that 
it is a letter from the British Minister at Buenos Aires to the British Charge d'Affaires at 
Montevideo: 

G BUENOS AIRES, January 22, 1845. 

SIR: I have the honor to acknowledge the receipt of your Despatch of the 17 inst., 
transmitting to me a letter from Captain Sir T. Pasley, containing copies of a communi- 
cation dated the 16 inst., together with its enclosures which he had received from Ad 1 - 
Brown, wherein the Argentine Commander announces the Establishment from that day 
of a rigorous Blockade of the Port of Montevideo, and also of Maldonado, in case the 
latter port should fall into the power of the enemies of the Argentine Confederation: and 
you inform me that you will request Sir T. Pasley to apply to Ad 1 - Brown for a delay, 
until you have been enabled to obtain my opinion with respect to the proposed 
Blockade 

The regulations of the modified Blockade of the port of Montevideo, were adopted by 
the Buenos Ayrean Government in consequence of the memorandum which Count De 
Lurde and I presented to the Minister of Foreign Affairs on the 26- March 1843, but 
no stipulated time was fixed for its duration, and it was left to the Government to take it 
off, or change it according as circumstances might require. With regard to your ob- 
servation that I must be in possession of the views of H. My's Government with respect 
to that arrangement, I have no hesitation in putting you in possession of whatever I 
know on the subject. 

When the modified Blockade was referred by Commodore Purvis to H. M'ys Govt. 
for their decision as to its validity, H. My's Government decided that it should be re- 
spected, and Lord Aberdeen in his dispatch to me of i*i August 1843, acquaints me for 
my information and guidance that "the Government of Buenos Ayres being at war with 
the Govt. of Montevideo, had a right to issue the orders contained in M- Arana's dis- 
patch to Admiral Brown of 19- March prohibiting all vessels from introducing provi- 
sions or munitions of war into the port of Montevideo after the ensuing first of April, 
and altho' the circumstances stated by Commodore Purvis, were such as to justify him 
in hesitating to admit the legality of the order in question, he acted properly in deter- 
mining to await your decision on the subject It is the right of a belligerent to impose 
upon the ports of its enemy, either a strict blockade, by preventing all access thereto by 
means of an adequate force or to modify such blockade, by confining its operation to 
provisions and munitions of war, and this right, whilst exercised in a legal manner can- 
not be interfered with or contested by any third state professing neutrality between the 
contending parties" 



282 PART II : COMMUNICATIONS FROM ARGENTINA 

T.he Government of Buenos Ayres being at war with the Gov\ 
Montevideo, had a right to issue the orders contained in M Arang 
despatch to Admiral Brown of 19^ March, prohibiting all vessels fro 
introducing provisions or munitions of war into the port of Monte vid 
after the ensuing first of April, and although the circumstances stated 1 
Commodore Purvis, were such as to justify him in hesitating to admit t 
Legality of the order in question, he acted properly to await yo 
decision on the subject. 

Her Majesty's Government is not prepared to take part in the contest 
&c. 

By this letter of Lord Aberdeen it appears that "the circumstances stat 
by Commodore Purvis were such as to justify him" in the opinion of Lo 
Aberdeen "in hesitating to admit the legality of the order in question 
& moreover that, 

"Her Majesty's Government on the i^ August 1843, was not prepared 
take part in the contest" in the Rio de la Plata. 

The confusion produced by the conflicting interpretations of the difere 
Nations of this Blockade, became very great, and caused much dificulty. 
For in a letter from Capt. Pendergrast to me under date as late as Feb y 
1845 he says, that 

The restrictions of the Blockade have been construed in one way 1 
the Buenos Ayrean Squadron, in another by the French, in another 1 
the Brazilian, in another by the English, in another by the Americ 
Commander, & in another by our citizens on shore: this may appe 
almost impossible to you, but I assure you it is literally true, and h 
made the path of duty in this River, one of extreme anxiety & dificull 
when otherwise, with our entirely neutral disposition, it would ha 
been perfectly simple, & plain. 

"The Queen's advocate therefore assuming as he correctly does, that H. M'ys Govt 
not prepared to take part in the contest, is of opinion that the Naval forces of Gr< 
Britain would not be justified in forcibly putting an end to the modified Blockade 
Montevideo." 

As it is thus distinctly stated by the Queen's Advocate, that a belligerent has t 
right to impose a strict or a modified Blockade upon the ports of its enemy; and assu 
ing as Lord Aberdeen says the Queen's advocate correctly does, that H. My's Govt 
not prepared to take part in the contest, I should not feel justified in taking upon mys 
to direct that the strict blockade of Montevideo, notified by Admiral Brown should i 
be recognized by the Naval Forces of H. My in the River Plate 

Translation of Certificate at the end of Af- Mandemlle's letter to M- Turner, British 
Charge d' Affairs at Montevideo 

BUENOS AIRES, April 5, 184.5 

The undersigned, Minister of Foreign Affairs of the Government of Buenos Ayres, 
the solicitation of Ml William Brent j Charge d'Affairs of the United States of No: 
America near this Govt., certifies: that the foregoing is a true copy of an original lett 
in the signed manuel [manual] of J. H. Mandeville, Esq r Minister Plenipotentiary 
H. B. M.; which document is filed in this Department of State, and in conform 
to said M Mandevilles assurance to the undersigned the same is the draft of an offic 
letter which he transmitted to M: Turner. British Chared d' Affaires in Monte Vid 



DOCUMENT 146: JULY 30, 1845 283 

Independently of these inconveniences so clearly pointed out by Capt. 
Pendergrast, it must be plain that a Blockade which admits the entrance of 
almost every thing, & which is not accompanied by the right of visit and 
search, on the part of the belligerent & blockading squadron, was a nullity; 
and must be viewed only, as a weapon in the hands of powerful maritime 
nations, as a means to annoy, interrupt and destroy the trade of others. 

Such were the galling effects of the concessions made by the Argentine 
Government, under the joint Memorandum of the Count de Lurde, & the 
British Minister of the 28& March I843. 1 

During all this period, that is to say from the date of this Memorandum 
the Army of Gen! Oribe, aided by that of the Argentines, was attempting the 
seige of Montevideo, & the Argentine Squadron endeavouring to carry out 
this so called Blockade. At the same time General Rivera at the head of 
a considerable force was on the outside of the forces under Gen 1 . Oribe. 

The supplies of provisions in Montevideo were abundant, and as it was 
obvious to all that with such a blockade, the place would never fall, as long 
as it could get money, the Argentine Government issued an order on the I !& 
Jan^ 1845, to their Admiral to put on a strict Blockade. 

I shall defer to my next a view of what took place under this order, with 
this concluding remark; that if as proposed by the Memo, of the British & 
French Ministers on the 28^ March 1843, the Consuls & Commanders on the 
Naval Station had really & honestly "employed all the means in their power" 
to carry the conditions imposed on them into effect that the war at Monte- 
video would long since have terminated. 

But these conditions having been completely violated as seen this war 
continued without any prospect of termination: up to the order of the 
Argentine Government of the 11^ Jan. 1845. 

I have the honor [etc.]. 



146 

William Brent, Jr., United States Charge & Affaires at Buenos Aires, to James 
Buchanan, Secretary of State of the United States z 

No. 8 BUENOS AIRES, July jo, 1845. 

SIR: The order of the Argentine Government for the strict blockade 
being made on the n^. January 1 845.3 My letter to the Department of 
State N 4. dated on the 28^ Jan. 4 shews what was the state of things at 
that day. Not being certain that this letter has reached the Department, 
although sent by special messenger, another copy is herewith transmitted. (A.) 

By the information then sent there was every probability that the French 

1 See above, this part, doc. 133, note i, p. 256. 2 Despatches, Argentine Republic, vol. 5. 

3 For the text of this order of January n, 1845, see above, this part, doc. 130, note 2. 

4 Above, this part, doc. 133. 



284 PART II : COMMUNICATIONS FROM ARGENTINA 

Admiral would not recognize. What then appeared probable was soc 
made certain. For upon the receipt of the order the French Admiral Laii 
(B.) declared that it was necessary for him "to take time to consult.' 
And that "France having recognized the partial blockade, ["] he does not coi 
sider himself justifiable "in introducing the least modification " &c. see (C. 
The British Commander Sir Thomas Paisley says in his letter dated on tl 
29-^ January 1845, (D.) "it will be necessary to defer the operation of tl 
said blockade with respect to British vessels, & British Cargoes," and agai 
by another letter dated on the same day the British Commander says (I 
"Having been informed by Rear Admiral Lain6 that the rigorous blockac 
of this port will not be recognized by the French Forces in the River Plat 
until he shall have received instructions from his Government: it becomi 
my duty to claim for the English vessels and cargoes an equal exemptic 
from the operation of the said rigorous blockade." 3 &c. 

1 This statement of the French Admiral, quoted from enclosure B, is in a brief letter 
January 29, 1845, in French, from him to Admiral Brown, commander of the Argentii 
fleet. He also declared that the matters therefore remained as they were when he arrived 
the Rio de la Plata. 

2 Enclosure C, from which these words are quoted, is another brief letter, in French, fro 
the French to the Argentine commander, dated January 29, 1845. He adds: "witho 
previous orders from the King's Government or positive instructions from the charge d'a 
faires of France to the Argentine Confederation showing clearly that the French Cabinet h 
fully recognized the blockade." 

3 The full texts of the two letters of January 29 from the British to the Argentine cor 
mander follow: 

Captain Sir T. Pasley, H. M. S. Curasao, to Admiral Brown, Commander- in- Chief of t 
Argentine Forces off Montevideo 

H. M. Ship Cura& 
D. Off Monte Video 29 Jany 184 

SIR: I have the honor to inform you at the request of Her Majesty's Chargd d'affaii 
at this place, that the rigorous Blockade of this Port and of that of Maldonado, as noti 
to me in your letter of the 18^ inst will be recognized by Her Majesty's Naval forces 
the River La Plata, but as her Majesty's Minister at Buenos Ayres has applied to tl 
Argentine Government to postpone the date at which the strict Blockade is to take eff e 
both with regard to the arrival at and departure from the port of Monte Video of foreij 
vessels, it will be necessary to defer the operation of the said blockade with respect 
British vessels and British Cargoes, until I shall have been made acquainted with tl 
result of MT Mandeville's application to the Argentine Government and with the da 
which that Government may definitely fix for the commencement of the blockade 
question. 

Her Majesty's ship Racer has proceeded to Buenos Ayres for the purpose of receivii 
this intelligence which shall be communicated to you without delay on her return. 
It becomes necessary for me however to claim indemnification for any losses to whi< 
British subjects may be subjected in consequence of the proposed rigorous blockade wii 
respect to British vessels or to vessels containing British property from beyond se; 
which may have left the port of departure before the receipt of the intelligence of tl 
establishment of the rigorous blockade in lieu of the modified blockade hitherto in for 

I have the honor [etc.]. 

Captain Sir T. Pasley, H. M. S. Curasao, to Admiral Brown, Commander- in- Chief of t 
Argentine Forces off Montevideo 

H. M. Ship Curacy 
E- Off Monte Video 29 January i8< 

SIR: Having been informed by Rear Admiral Laine that the rigorous blockade of tli 
Port will not be recognized by the French Naval forces in the river Plate, until he sh* 



DOCUMENT 146: JULY 30, 1845 285 

Added to what is just seen as to the position taken by the English, & 
French Commanders touching the strict blockade; upon applying to the 
French Charge d' Affaires here, he assured me that: The French Admiral 
had informed him that having no instructions from his Government, he 
should not conform to the strict blockade, but should continue to adhere to 
the modified one as agreed on by the two Ministers Plenipotentiary of 
France & England in their joint memorandum of the 28^ March I843: 1 
unless the French Charge here had received instructions for him to conform 
to a strict blockade. See my despatch N? 4. to the Dept. of State pa. 7. A. 
hereto annexed. 

The French Charg6 here considered, as he told me, that this joint memo- 
randum was a definite arrangement to continue during the War. Never 
having seen this Memorandum he furnished me with it, a copy of which is 
found in my despatch N? 7. 2 marked C. & C. 

Upon this celebrated Memorandum it was assumed by the French to be 
a definite arrangement, and that the French Admiral Lain6 did not consider 
himself justifiable in introducing the least modification. 

Such was the view taken by the French But on application to the 
Argentine Government they assured me that they had placed no such con- 
struction on this Memorandum, which bore nothing of the sort on its face: 
and had not been signed. And the Argentine Government furnished me 
with the Copy of the letter of the British Minister resident here to the British 
Charg6 d' Affaires at Montevideo dated on the 22* Jan? i845. 3 In this he 
says: "The regulations of the modified blockade of the port of Montevideo 
were adopted by the Buenos Ayrean Government in consequence of the 
Memorandum, which Count de Lurde and I presented to the Minister for 
Foreign Affairs on the 26^ 4 March 1843 but no time was stipulated for its 
duration, and it was left to the Government to take it off or change it accord- 
ing as circumstances might require. 

And in this letter of the British Minister here he quotes a letter from 
Lord Aberdeen to him dated on the I& of August, 1843 : in which Lord Aber- 
deen says : 

"It is the right of a belligerent to impose upon the ports of its Enemy 
either a strict or a modified blockade: ["] &c. See G. 5 in my Despatch 

have received fresh instructions from his Government, it becomes rny duty to claim for 
the English vessels and cargoes an equal exemption from the operation of the said rigor- 
ous Blockade for as long a period as such exemption is accorded to French vessels, sub- 
jecting them only to the conditions of the partial blockade hitherto in force. 
I have the honor [etc.], 

1 See above, this part, doc. 133, note i,p. 256. 2 See above, this part, doc. 133, note I, p. 256. 

3 See above, this part, doc. 145, note i, p. 281. 

4 This is the date in the letter from which this quotation is taken; but it is evidently an 
error. The date is March 28 on the document; see above, this part, doc. 133, note I, p. 256; 
it is elsewhere frequently referred to as of that date. 

6 This is the letter of January 22, 1845, from the British Minister at Buenos Aires to the 
British Charge d'Affaires at Montevideo, above, this part, doc. 145, in note I, p. 281. 



JN? 7. to wnicn 1 Deg leave to rerer you, ana to can yum c&pcu 
to it. 

According then to the British understanding it was not a definite arrange- 
ment to endure pending the war, but might be altered at pleasure, by the 
Argentine Government. This too was the view of Don Felipe Arana, the 
Minister of Foreign Affairs. The French Charg6 here was just about tc 
leave this place, another Charge being on his way out; in consequence of this, 
he declined entering into any discussion as to this Memorandum, and as tc 
Blockade: I suggested to him that the existence of this partial blockade was 
plainly no way to finish the war, and that in consequence of its continuance 
I was persuaded, and such was the opinion of my countrymen, with whom I 
conversed, that it was highly detrimental to neutral Interests: & moreover 
that if the right of the Argentine Confederation could be practically & 
really carried out that Montevideo would soon fall, & the war be terminated. 
But he declined any discussion for the reasons assigned. Satisfied that the 
French Admiral had put a very erroneous construction upon this joint 
Memorandum of the French & British Ministers, I addressed him the letter 
marked (F.) hereto annexed, & received his answer. (G.) 1 By this he 

1 Brent's letter to the French admiral, and the latter's reply, follow: 

William Brent, Jr., United States Charge d' Affaires at Buenos Aires, to Rear Admirai 
Laine, Commander-in- Chief of the French Naval Forces in South American Waters 

Buenos Ayres, February 12, 1845. 

SIR: The name of Frenchman is dear to me. When the United States of America 
had unanimously declared their Independence, that declaration was made valid by the 
swords of Washington and Lafayette, with the forces of the two allies, by the capture ol 
the British upon the plains of York in the Ancient Dominion of Virginia. This was the 
Tocsin for "LE PREMIER COMBAT QUI se soitjamais entre tons Princes et loiiies les eneurei 
politiques". 

France was the first to follow this illustrious example, when it became necessary tc 
present to the world a written Constitution, of powers denned and enumerated, and 
reserving all not given by the Instrument itself, according to the intention of its Fram- 
ers, at the time of their adopting it. The United States of America were the first tc 
present to their fellowmen, this greatest invention of human genius, the gift of the Spiril 
of truth to benighted man. 

"An invention intended to set limits to that Spirit of Despotism and darkness whicr. 
has heretofore circumvented all human contrivance, and keeps in bondage nearly the 
whole human race, An invention which if successful in the United States, will as neces- 
sarily be adopted elsewhere, as that pleasure is preferable to pain, or that truth shal! 
triumph over falsehood." 

France, illustrious France, was here too, the first to follow in this great career. 

These two steps in the grand march of human intellect, the Declaration of the rights 
of Man, and a written instrument to restrain the people, but more especially, to prevenl 
the constant encroachments of their Governors or servants upon their rights, have set ir 
operation a Revolution in the Affairs of this Globe, which has but just commenced. 

During the eventful struggles in the Countries of Europe, and the two America's 
[Americas?], produced by this example, The United States of America took a positior 
strictly neutral in all these conflicts. But the Monarchs of Europe, whose kingdoms 
were, and are still shaken to their centres by these Republican examples, determined tc 
check the growth of this wonderful people; Interruptions and attacks, countless anc 
varied upon our commerce, and trade were constantly made by inroads upon the greai 
principles of the Law of Nations, and upon pretexts the most artful and frivolous. The 
genuine Laws of Nations are emanations from the Deity himself, coming down from th< 
Father of lights. These as an alms to his creatures, he has at divers and sundry times 



DOCUMENT 146: JULY 30, 1845 287 



declines the interview solicited, adhereing to this Memorandum of the 
March, by which he says the Argentine Govt. has engaged to establish noth- 
ing but a partial blockade: so the matter rested until the arrival of the new 

made known to needy man, selecting as his almoners Jefferson and Edmund Randolph 
and Marshall and Madison and Monroe and placing them for this purpose, in the De- 
partment of State of the United States, they have presented these inestimable boons to 
their fellowmen. 

In the transmission of these emanations, He who always performs has said to these 
his Agents Matt 7. 2 "With what measure ye mete, it shall be measured to you again " 
Luke VI. 38. "Good measure and pressed down and shaken together, and running over 
shall men give unto your bosom, for with the same measure ye mete, withall, shall it be 
measured to you again." 

These Almoners have ably performed the duty assigned them. The measure and 
standard of duty for Nations in their intercourse with each other, has been thus ad- 
justed, according to the principles of Divine truth. These principles as applied to 
Blockade, may be beautifully illustrated by reference to the time when Elliott defended 
the fortress of Gibraltar beseiged by land and sea by the combined forces of Spain and 
France. 

Suppose that a neutral power, weak and comparatively helpless at the precise mo- 
ment of putting on the Blockade had said,_ " Commanders in Chief of the combined 
forces of France and Spain, our trade and citizens are to be injured by this Blockade, 
It is my duty to say to you that I must send to Copenhagen to get instructions from my 
Government both with regard to the arrival, and departure from the Port ( ) of 
Gibraltar of Foreign vessels, it will be necessary to defer the operation of said Blockade 
with respect to ( ) Danish vessels and (S) Danish Cargoes, until I shall have been 

made acquainted with the result of the answer of ( ) the Danish Government 

Until this is done it will be necessary I repeat to defer this Blockade." 

What think you Admiral Laine! would have been the action of the Commander 
in Chief of the French and Spanish forces to such a reply? He would have been justi- 
fiable [justified] in capturing the whole Danish Navy; had it been there, and this cap- 
ture let me tell you would have been justified and can now be justified much more 
readily upon the genuine Laws of Nations, than was or can now be done, the capture of 
the whole Danish Navy in time of profound peace, by a British Admiral, acting accord- 
ing to British Law of Nations. Yes, verily the j ustification of France and Spain in the 
case put, can be most easily made. It will require British precedents somewhere, to 
justify the conduct of Nelson. 

This bountiful measure of the duties of Nations towards each other, as ad justed by the 
sages of the American Department of State, asabove mentioned, has been closely followed, 
by the United States, in infancy, in manhood, when neutral and when belligerent. 

But it is with sorrow I say it Admiral Laine France did not here follow this beautiful 
example, would that she had! The Decrees of Berlin and Milan sufficiently attest the 
truth of this Declaration. It is pleasing however to reflect, that France has seen the 
error of her steps, in her attacks on the Neutral trade of the United States, during the 
eventful conflict out of which she has just emerged. She has acknowledged the amount 
of injury done and paid the damage. Let us then examine well the positions we have 
taken, and must yet take, in relation to these great questions of international Law, as 
applicable to the affairs of the River La Plate, and for this purpose Sir, I propose to 
you to let us hold sweet converse on this subject, of deepest interest; let us jointly 
search for the truth, and ask wisdom from Him who never refuses to those who ask 
aright. I invite you then in the name of the United States, come to this place, and let 
us try to act together, and reconcile whatever of difference there may be found to exist 
between us. May we their descendents be found acting together as our Forefathers 
did, in days -gone by, gone by it is true, but not forgotten. The days are gone, the 
gratitude due to France, still remains, and will remain, to the latest hour of my life. 
With sentiments of great respect I have the honor to be your Obedient Servant. 

Rear Admiral Laine to William Brent, Jr., United States Charge d 1 Affaires at Buenos 

Aires 

L' Africaine, Roadstead of Montevideo, 
February 18, 1845. 

MR. CEARG& D'AFFAIRES: I received yesterday evening the letter which you did me 
the honor of addressing to me on the I2th instant. I am very grateful for this evidence 



288 PART II : COMMUNICATIONS FROM ARGENTINA 

French Charge the Baron de Mareuil who was accredited on the 28^ 

After an examination and upon seeing the letter of the British Minister 
here that "it was left to the Argentine Government to take it off or change 
it according as circumstances might require": 1 the new French Charg6 
having become convinced that the Argentine Government had not surren- 
dered the right of putting on a strict Blockade, had a correspondence with 
the French Admiral by which the latter agreed to recognize the strict 
Blockade, as soon as it should be duly notified by the Commander of the 
Argentine Naval Forces off Montevideo. But notwithstanding this assur- 
ance when the notification was made the English, and French Commanders 
both refused to recognize it. I shall send the documents on this subject 
as soon as I can obtain them. 

In this state of things a battle took place on the 27^ March, at India 
Muerta not far from the Town of Montevideo, between the forces of Gen 1 . 
Oribe, & Gen! Rivera in which the latter was entirely routed. Rivera 
fled to Brazil, and a considerable portion of his forces came over to Gen 1 , 
Oribe. 

By this decisive victory the war was entirely ended throughout the terri- 
tory of the Oriental State of Uruguay, with the exception of the town of 
Montevideo. 

of remembrance although it has been provoked by a desire, much too pronounced per- 
haps, of informing me of your opinion on the subject of my response to the notification 
made to me on January 16, of the absolute blockade of Montevideo by the Commander 
in Chief of the Argentine naval division. 

It would be easy for me, Mr. Charge d'Affaires, to challenge your right to interfere 
as to the manner in which I apply the instructions which I have received from my Gov- 
ernment; my position would indeed oblige me to do so were I not well convinced before- 
hand that you have not had the slightest intention of offending in consenting to take 
with the Commander of the French naval Station a step which would appear to me to 
be entirely outside of diplomatic practice. 

I shall therefore confine myself today to expressing to you my great regret at not 
being able to go to Buenos Ayres, for I venture to believe that it would have been 
possible for me in a few words to persuade you that I was not authorized to permit to be 
converted into an absolute blockade, the partial blockade established off Montevideo 
with the assent and recognition of all the powers; and according to an arrangement 
concluded with the Minister of the King at Buenos Ayres in accord with the Minister of 
England, by which the Argentine Government engaged to establish only a partial 
blockade of Montevideo, this arrangement, Mr. Charg d'Affaires, received the high 
approval of the King of the French, and you desire that, without having first received 
orders from my Government or instructions from the Charge d'Affaires of France at 
Buenos Ayres, I should modify provisions adopted two years ago. 

I beg you to reflect a moment, and you will be easily convinced that I no more had 
the right to change anything which existed previously to my arrival in the Plate than to 
dispute the power of the Governor, Captain General of the province of Buenos Ayres, to 
<Jeclare the absolute blockade of the ports of the Banda Oriental, if the Memorandum of 
March 28, 1843, had not existed: this memorandum has removed the question in my 
opinion and prevents me in this circumstance from making a rigorous application of the 
principle which you proclaim in such a positive manner. 

Publicists establish as a rule of public law that a partial blockade recognized and con- 
sented to by all the powers, can not be converted into an absolute blockade before 
notification of such a change has been promulgated. 

I beg you to accept, Mr. Charge d'Affaires, the assurance of my respectful con- 
sideration. * 

1 See above, this part, doc. 145, note I, p. 281. 



DOCUMENT 147: AUGUST 2, 1845 289 

This place was then and is now occupied & in the possession of about 18, 
or 20,000 persons of all descriptions; of whom ^ were and are foreigners. 
A statement of the military shews that it does not exceed 4,000 persons 
in arms, of which about 21 1 only are natives of the country of Uruguay, 
as will be seen by reference to the annexed statement, the remainder are 
foreigners. 

In my next, I shall transmit an account of what has taken place since the 
refusal of the English & French Naval Forces to recognize the strict blockade 
as again ordered by the Argentine Govt. on 3"* April 1845. 

I have the honour [etc.]. 



147 

William Brent, Jr., United States Charge d' Affaires at Buenos Aires, to James 
Buchanan, Secretary of State of the United States * 



i 



No. 9 BUENOS AIRES, August 2, 1845. 

SIR: In my last communication NS 8. under date of the 30^ July, 2 I 
stated the fact of the entire extinction of war in the Oriental Republic of 
Uruguay, with the solitary exception of the city of Montevideo. 

It was now apparent that except supported by foreign aid this place must 
fall. Early in April the Baron de Mareuil the new French Charge d Affaires 
informed me that the French Admiral would, after a certain day recognize 
the strict blockade, and he also informed me at the same time that there 
would certainly be no intervention of Foreign powers in this affair of Monte- 
video. Under these circumstances we were both decidedly of opinion that if 
the battle of India Muerta which had taken place on the 27^ of March, 
was as decisive as had been represented, and if there was a full assurance on 
the part of the beseiging and blockading powers that the surrender of Mon- 
tevideo would not be attended by bloodshed, and that if the beseiged could 
be assured of these four facts : viz. that the strict blockade was acknowledged 
by the French, and British naval forces off Montevideo, & that these nations 
would not interfere, & that Rivera was decisively defeated, and that no 
cruelty would take place in the surrender, that Montevideo would soon give 
up, & the war be entirely terminated. 

In this state of things on the n^ of April I addressed a Note to the Ar- 
gentine Government of which a copy marked (A.) is annexed. 3 This was 
prefixed by the word "confidential," which at the request of the Argentine 
Government, I erased. At the time they made this request they stated to 
me that it was obvious that the circumstances under which the note was 
addressed having taken place since my departure from the United States no 

1 Despatches, Argentine Republic, vol. 5. 

2 Above, this part, doc. 146. 3 Above, this part. doc. 138. 



2QO PART II: COMMUNICATIONS FROM ARGENTINA 

specific instructions could have been given to me in relation to it. But at 
the same time that if the spirit of my instructions would admit me to make 
the proffer public it would be highly agreable, & eminently useful to them : 
and they were sure would aid greatly to the attainment of peace. 

I felt persuaded that the spirit of my instructions did allow me to take 
such a position. Knowing too that I had been sent out "for the purpose of 
confirming between the United States, and the Government of the Argentine 
Confederation perfect harmony and good correspondence" ; and seeing that this 
was a matter highly interesting to the two nations, and an opportunity 
eminently tending to confirm this harmony, & good correspondence between 
the Governments, I did not hesitate to acceed to the request of the Argentine 
Govern ment . 

This proffer being most promptly, & gladly accepted the Argentine Gov- 
ernment made me various communications on the subject. Meanwhile 
information reached this place that France and England intended to send 
out Ministers for the purpose of endeavouring to put an end to the war. 
ME Ouseley the British Minister arrived and was accredited on the 8^ of 
May, and on the 6^ June the Baron Deffaudis as French Envoy Extraor- 
dinary was also accredited ; These Ministers declared that they came upon a 
mission of Peace, and to put an end to the War. 

They declare that their Instructions are to require of the Argentine Gov- 
ernment that hostilities shall cease, and that the Naval, and land forces of 
the Argentine Confederation shall be withdrawn from the territory of 
Uruguay, & from, before Montevideo. 

To this the Argentine Government insist on an acknowledgement of the 
strict blockade without any conditions, & in the most rigorous manner by 
the Commanders of the British & French Naval Forces off Montevideo, not 
only as a first previous step, in any negociation that may take place, but 
even without any negociation. And the Argentine Government also 
insist in the event of any mediation, that they having accepted my proffer 
of friendly services, before the arrival of the French & English Ministers that 
I should be included in such mediation. Upon these points the British and 
French Ministers reply that as their instructions do not authorize them to 
admit the United States or any other power they cannot consent that they 
should be included. And 2!^ the British Minister states in his note of the 
19^ of July that: 

With respect to that part of his (Don F. Arana Minister of Foreign 
Relations), Excellency's Note which relates to the non-recognition of the 
blockade by the Commander of the British Naval Forces at Monte 
Video. The Undersigned has now to announce to the Argentine Gov- 
ernment that Sir Thomas Pasley's conduct, in refusing under the pecu- 
liar circumstances to acknowledge the late blockade, having recently 
been approved by H. M. Government, the Undersigned cannot further 
entertain the question. 



DOCUMENT 148: AUGUST 2, 1845 

On two days after this the British Minister declares that it becomes his 
imperative duty as directed by his instructions, 

in conjunction with His Excellency the French Envoy to ask at once, 
the Minister of Foreign Relations to deliver him his passports for the 
3 1st of this month if up to that date His Excellency has not been en- 
abled to announce to him that the Argentine Government has forwarded 
orders to ensure the immediate and entire withdrawal of its Troops, & 
Naval Forces from the Territory of the Republic of the Uruguay. 

In order to remove any difficulties as far as my proffer of services was 
concerned, I accordingly addressed to the Argentine Government on the 
26^ of July a letter of which the annexed marked (B.) l is a Copy. 

This letter they transmitted to the French & English Ministers, and thus 
left the single difficulty of the recognition of the strict blockade. 

Neither party being willing to recede from their positions as shewn, the 
French, and British Ministers received this [their] passports on the 31^, and 
they took their departure accordingly on the i*i August. It is said they are 
gone to Montevideo. 

I shall in a few days endeavour to obtain, & forward with some additional 
information the correspondence in relation to these interesting subjects. 

M Edwards will carry with him the latest accounts of these transac- 
tions. 

What these Ministers and the Naval Force which they have with them 
intend to do in these most important, & interesting countries, at this mo- 
ment it is difficult distinctly to discover. 2 

I have the honor [etc.]. 



148 

William Brent, Jr., United States Charge d' Affaires at Buenos Aires, to James 
Buchanan, Secretary of State of the United States 3 

[EXTRACT] 
No. ii. BUENOS AIRES, August 2, 1845. 

SIR : This will be handed to you by M r - Amory Edwards, late United States 
Consul at this port. MI Edwards has been detained by me since 2^ June 

1 Above, this part, doc. 143. 

2 In the manuscript volume, the text of this despatch is carefully summarized, paragraph 
by paragraph, in red ink notes, which probably indicates that it was regarded as especially 
significant. No conclusions or comments are added, however. 

3 Despatches, Argentine Republic, vol. 5. 

In addition to this explanation that he had detained former Consul Edwards tor two 
months, in order to make him the bearer of these despatches, another indication of Brent s 
notion of their importance is his explanation in his despatch No. 10, dated August I, 1845, 
which has not been copied, that he had detained the Schooner Enterprise of Boston tor 
fourteen days, incurring thereby a demurrage charge of $350-. in orde ^ ^ he ""^ 
have a vessel to despatch at a moment's warning," for which he said he had drawn on tne 
Department; and he added a request that the draft be honored on presentation. 



292 PART II: COMMUNICATIONS FROM ARGENTINA 

and now proceeds as special bearer of despatches for the United States 
Government from this to Rio Janeiro & Washington. The reasons for this 
detention will be seen by the important circumstances growing out of the 
mediation of England & France in the affairs of these countries. And as Ms 
Edwards too possesses a most important fund of information touching these 
countries, & subjects, I have felt fully justified in thus detaining & employing 
him. ... 

With sentiments of distinguished consideration Yr. obt. sert. 



149 

J. du Mareuil, French Charge d' Affaires at Buenos Aires, to William Brent, 
Jr., United States Charge" d' Affaires at Buenos Aires x 

[ENCLOSURE TRANSLATION] 

BUENOS AIRES, September 22, 1845. 

SIR: I have the honor to advise you that in consequence of a decision 
reached at Montevideo by the Plenipotentiaries of France and England, the 
blockade of the coasts and ports of the province of Buenos Ayres is declared, 
and will be established by the combined Squadron of France and England 
forty-eight hours after the date of the present notification. 

Fifteen days will be allowed for the departure of vessels. 

Accept, Sir, [etc.]. 



150 

Felipe Arana, Minister of Foreign Affairs of Argentina, to William Brent, Jr., 
United States Charge d' Affaires at Buenos Aires 2 

[ENCLOSURE TRANSLATION] 
B. BUENOS AIRES, September 22, 184.5. 

On sight of your note of today, to which you adjoin a copy of another from 
MI Francis Leeson Ball 3 notifying the Blockade which their Excyi the 
Ministers of France & England resident in Montevideo have established 
arbitrarily & unjustly on this Port, you desire to be informed if there is any 
Charge d' Affaires of H. B. M. accredited near this Govt.; the Undersigned 

1 Despatches, Argentine Republic, vol. 5, enclosed with Brent to the Secretary of State, 
No. 12, September 23, 1845, below, this part, doc. 152. 

2 Despatches, Argentine Republic, vol. 5, enclosed with Brent to the Secretary of State, 
No. 12, September 23, 1845, below, this part, doc. 152. 

3 The note from Ball to Brent of this date, September 22, 1845, contains, with verbal 
alterations, the same notice of the British-French blockade as the note of the same date to 
Brent from Mareuil, the French Charge d'Affaires, above, this part, doc. 149. Brent's 
covering note to Arana has not been copied. 



DOCUMENT 151: SEPTEMBER 23, 1845 2 Q3 

has received order from H. E. the Governor to inform You in reply; that 
there is no Charg d'Affaires of H. B. M. in the Argentine Confederation, 
and although H. E. the Minister of H. B. M. Mr Ouseley, after having asked 
for his passports, presented Mr Francis Leeson Ball in such character, he has 
not been recognized by this Government. 
God preserve You many years. 



151 

William Brent, Jr., United States Charge d'Affaires at Buenos Aires, to Wil- 
liam G. Ouseley, British Minister to Argentina l 

BUENOS AIRES, September 23, 1845. 

SIR: On the 22^ of Septf 1845, at about 10 o'Clock in the morning of that 
day I received a letter of which a copy marked A. is herewith enclosed. On 
its receipt, I addressed a letter to Don Felipe Arana Minister of Foreign 
Affairs of the Argentine Confederation, to which I received the reply marked 
B. herewith sent. 2 

Under the circumstances detailed in these communications I make this 
communication direct to you. 

In the communication marked A. it is stated that, 

in consequence of a decision which the Ministers Plenipotentiary of 
England and France have found necessary, a Blockade of the Ports and 
Coasts of the Province of Buenos Ayres has been declared and that such 
Blockade will be enforced by the combined Squadrons of England and 
France forty-eight hours after the date of the present notification . Fif- 
teen days, however, will be allowed for the departure of Vessels from 
Buenos Ayres. 

In consequence of a decision which the Ministers Plenipotentiary of Eng- 
land and France have found necessary a blockade of certain Ports & Coasts 
has been declared. 

That which the Plenipotentiaries of England and France have found 
necessary for their Declaration of this Blockade, I do not recognize for the 
United States as the rule by which they will govern themselves. And I do 
not acknowledge such decision of these Plenipotentiaries as having any 
validity whatever, as far as the United States and their Citizens are con- 
cerned . 

Nor, Sir, do I consider such decision thus made by these Plenipotentiaries 
as giving any validity whatever to such Blockade of the Ports and Coasts of 
the Province of Buenos Ayres. 

1 Despatches, Argentine Republic, vol. 5, enclosed with Brent to the Secretary of State, 
No. 12, September 23, 1845, below, this part, doc. 152. . 

> C"- - _T * J.LJ t J__ T~~ TM,~ 1*4.4. C C*~l,^- sir, r,rVi,'^Vi T5r-^n<- JlaH V A1 V^H 



294 PART II: COMMUNICATIONS FROM ARGENTINA 

Nor, Sir, do I acknowledge the right of the Commanders of the combined 
Squadron of England and France to enforce any such blockade in conse- 
quence of such decision found necessary by the English and French Pleni- 
potentiaries. 

These acts of the Plenipotentiaries of England and France and of the 
Commanders of these Squadrons are ordered to suit the necessities of these 
Plenipotentiaries and the notification given by them bears evident marks of 
being made by mere color of the authority of the Gov^s O f France and Eng- 
land, and not by virtue of the authority of these Governments. 

And moreover, Sir, even if this notification of such blockade has been 
made by virtue of Instructions actually given to these Plenipotentiaries and 
these Naval Commanders under the sign manual of the Sovereigns of England 
and France, and by virtue of what they suppose to be their due authority this 
Blockade is no less invalid and contrary to the rights of nations. 

I therefore, Sir, for the United States of America, hereby protest against 
this so-called and misnamed Blockade. And I hereby inform you, Sir, that 
on the part of the United States of America and of their Citizens, the United 
States will make reclamations from those committing any acts in violation 
of their rights and moreover will require indemnification for any injury or 
loss whatever, which they may sustain in consequence of such illegal acts. 

I am [etc.]. 



152 

William Brent, Jr., United States Charge d' 'Affaires at Buenos Aires, to James 
Buchanan, Secretary of State of the United States l 

No. 12 BUENOS AIRES, September 2j, 184.5. 

SIR : I have only time to send you the enclosed notification of the Blockade 
of the Ports and Coasts of the Province of Buenos Ayres. 2 

This is a counterpart of the Blockade of the Islands of Martinique, & 
Guadaloupe, and of all Europe in days of yore It was to be hoped that the 
principles & practice of such Blockade would have died with the occasion, 
and the pretences which gave them birth ; but it seems they are to become 
the European Code of International Law. 

I shall not recognize this Blockade not only for the reason developed 
above, but for others, which I have not time to detail; and I shall protest 
against it accordingly. 3 You shall hear from me in a few days when I 
shall send you my reply, and also the other communications mentioned in 
my last. 

1 Despatches, Argentine Republic, vol. 5. 

2 The note of September 22, 1845, from the French Charge, above, this part, doc. 149. 

3 See his protest addressed on the same day to H. M.'s. Minister Plenipotentiary, Wil- 
liam G. Ousley, above, this part, doc. 151. 



DOCUMENT 152: SEPTEMBER 23, 1845 295 

I believe that the British have issued a similar Notification but of this I 
have rec'd no official notice. The paper enclosed being from a person signing 
himself H. B. M's Charge d'Affaires but who has never been recognized by 
this Govt. as such. 1 

I enclose the Copy of a letter which I addressed to Capt. Pendergrast some 
days ago. 2 

The U. S. Brig Bainbridge Commander Pennington arrived here from 
Montevideo on the day before yesterday. 

I have the honor to be Sir, [etc.]. 

1 See above, this part, Arana to Brent, doc. 150, and note 2, p. 292, same document. 

2 This letter which he says he had addressed to Captain Pendergrast, though Brent's 
namejs omitted from the copy enclosed with his despatch, bearing the date, August 30, 
1845, is quoted below, followed by the enclosures ^mentioned in it, excepting the one marked 
A, referred to in the paragraph numbered i which is identical with that in note i, p. 281, above, 
this part, doc. 145; the one marked C referred to in the paragraph numbered 3 which is 
identical with one of that date in note 3, p. 284, above, this part, doc. 146; and what he refers 
to as the subjoined letters from Admiral Laine, of which he did not include copies to the De- 
partment of State because, as he explained on an inserted sheet, they were the same as those 
of which he had previously sent copies, with his No. 8, dated July 30, 1845, above, this part, 
doc. 146. In notes I and 2, doc. 146, p. 284, their pertinent portions are indicated: 

SIR: Could I have sent you any satisfactory information, upon which reliance might 
have been placed in relation to the condition of things here, and in answer to your 
request I should have done so ere now. But that has been impossible. 

Some days ago I received from the Consul here Jos. Graham Esq. a paper of which I 
send you a Copy enclosed marked E. from Adolphus Turner Esq. I presume it to be 
genuine. [See below] 

The influence which this paper has already had on the trade and interest of our coun- 
trymen is very unfortunate. The particular construction in its practical operation 
which the British Naval Commanders may & do give to this paper is of great impor- 
tance. Whether this paper has been issued by instructions from the British Govern- 
ment? Or whether it has been issued without the authority, and under the mere 
colour of authority of the British Government does not appear. 

Samuel B. Hale Esq. called on me a few days since, and informed me that he has 
property at Maldonado, and that he desires to make purchases at that place, and at the 
Port of the Buceo, and that he also has similar business at other Ports of the Republic 
of Uruguay. He has asked my opinion as to what are his rights as a citizen of a neu- 
tral nation, such as the United States: in regard to going in with his vessel into these 
ports and in pursuance of the trade of an honest neutral. My opinion in such case 
is of little value: but I have advised him to send on his vessel, and to pursue his lawful 
trade unless interrupted. 

I have thought that even should the British Government have actually declared, Sf 
actually made war in this case, yet that the British Government, and the British Naval 
Commanders would not refuse to the American Ships, & American cargoes the same 
immunities which are claimed, & exercised by the British Government, and by British 
Naval Commanders. 

For example: But I must premise that I am not aware that a neutral Naval 
Commander has any right to put on a Blockade: I arn not aware that it is the right 
of a neutral nation to order their Naval Commander to put on a Blockade. A neutral 
nation, or the Naval Commander of a neutral nation has no right by authority of the 
Law of Nations to put on a Blockade: that in so doing they act by mere colour of the 
authority of the Law of Nations, and for such abuse, are liable to an honest neutral for 
any injury he may sustain in his lawful and honest pursuits. 

But even if a neutral nation, or the Naval Commander of a neutral nation has a right 
to put on a Blockade, and this let us suppose by undoubted authority of the Law of 
Nations: yet, it becomes important to make SOME ENQUIRIES, when a Blockade has 
been thus put on by a British Naval Commander, whether by his own mere will, without 



296 PART II : COMMUNICATIONS FROM ARGENTINA 

Footnote 2, page 295 Continued 

When a Blockade is put on by the order of a belligerant, directed to their_ Naval Cor 
mander, and when "the right to issue such order is unquestioned, by the British Coven 
ment, yet the British doctrine, and the British practice is, that if a British Nav 
Commander "awaits the decision" of the British Plenipotentiary at the Governmei 
putting on the Blockade, that such British Naval Commander has acted properly. 
Quere. Do British Naval Commanders concede to American Naval Commande 
the right and power to await the decision of the American Minister at the Governmei 
which has put on the Blockade? 

Again: When a rigorous blockade is ordered by a belligerant nation (I do not mea 
by a Naval Commander without the order of his Government) the British doctrine, 
practice is: that if a British Naval Commander (while his Government remains neutral 
"will postpone the execution of the said Blockade," until he shall receive commtmicatiot 
deemed necessary from the British Plenipotentiary at the Government putting on sue 
Blockade that such postponement of the execution of such Blockade by a British Nav; 
(neutral) Commander is approved by Her Majesty's Government: 

Quere 2? Do British Naval Commanders concede to an American Naval neutn 
Commander the right, and power " to postpone the execution of the said blockade, unt 
he shall receive communications deemed " Necessary" from the American Governmen 
or from the American Minister Plenipotentiary at the Government putting on sue 
Blockade? 

Quere 3? And with regard to such postponement of the date at which such strict Blocl 
ade is to take effect both with regard to the arrival and departure from the port Blockaded c 
Foreign vessels ; do British Naval Commanders concede to American Naval Command 
ers the same power as claimed for them by the British Government in such case? 
_ Again: When a rigorous blockade ordered by the Government of a belligerant na 
tion (I do not mean by a Naval Commander without the order of his Government) an> 
this order is issued by their naval Commander, and when, in such case, a British Navs 
neutral Commander receives notice of such an order, and does not recognize it at th 
moment, but declares "that such blockade" will be recognized by Her Majesty's Nava 
Forces, and when it is declared by Her Majesty's Government that the conduct of sue! 
British Commander IN REFUSING to acknowledge such Blockade is approved by her Maj 
esty's Government: 

Quere 4. Do British Naval Commanders concede to American Naval Commander 
the right and power to say that they will recognize such blockade at some futur 
day? 

Again: When the government of a belligerant nation orders a strict blockade, an< 
their Naval Commander issues notice of such order, the British doctrine and practice i 
that "it will be necessary to defer the operation of the said Blockade with respect t< 
British vessels, & British cargoes until he (that is the British Naval Commander) shal 
have been made acquainted with the result of an application" of the British Ministe 
Plenipotentiary at the Belligerant Government putting on such Blockade: 

Quere 5. _ Do British Naval Commanders concede to American Naval Command 
ers that ' it will be necessary for them to defer the operation of said Blockade with re 
spect to American vessels and American cargoes until such American Commander shal 
have been made acquainted with Instructions from his Government? 

Again, it is the doctrine of a British Commander (sanctioned by Her Majesty's Gov 
eminent,) that where an order has been issued by the Government of a Belligerant Na^ 
tion to their Naval Commander to put on a rigorous blockade that in such case, 

It becomes necessary for a British Naval Commander to claim indemnification foi 
any losses to which British subjects may be subjected in consequence of the proposec 
rigorous blockade with respect to British vessels or to vessels containing British prop, 
erty, which, may have left the port of departure before the receipt of the Intelligence oi 
the establishment of the rigorous Blockade." 

Quere 6. Have American citizens a claim for indemnication [indemnification?] foi 
any Losses to which they may be subjected in consequence of a proposed blockade with 
respect to American vessels or to vessels containing American property under similai 
circumstances? 

In fine: as the right of a belligerent nation to issue a paper order, signed by the Secre- 
tary of Foreign Affairs, and directed to the Naval Commander of such belligerent- and 
the right of such Naval Commander to issue a paper notification of such order to a Naval 
neutral British Commander seems unquestioned by the British Naval Commanders and 
by the British Government: and as bv the documents annexed the Rritish rtrvc^,^ 



DOCUMENT I5 2: SEPTEMBER 23, 1845 297 

Footnote 2, page 295 Continued 

suspended, or nullified or destroyed by the right of a British Naval Commander to 
await; to postpone the execution; to hesitate; to acknowledge at a future day; to post- 
pone the date; to defer the operation of such blockade: 

Quere 7. ^ Do British Naval Commanders concede to American Naval Commanders 
the same rights and powers, which they claim and exercise to "await," "hesitate," 
" postpone the execution," to acknowledge at a future day, and to " defer the operation " 
of such blockade, as claimed by themselves until the American Commander can receive 
instructions from those who have the power and right to give them to him. 

These are grave and important questions. As to myself I am not aware, as I have 
said above, that a naval Commander of a neutral nation has any right to put on a block- 
ade. 

I am not aware that the Government of a neutral nation has a right by the Law of 
Nations (while considering itself neutral) to put on a blockade, or to authorize their 
naval commander to do so. 

I nowhere find until within a few years, and that only in the waters of the La Plata, 
that Naval Commanders of neutral nations have exercised the power of putting on 
blockades. 

If, then, Sir, these questions are not fully and well settled by the Law of Nations, and 
more especially as far as we are concerned by the Government of the United States, un- 
til such adjustment, and decision, inasmuch as British Naval Commanders claim for 
their subjects, & their commerce, the rights, and indemnifications, & reclamations as 
set out above, can they deny to American Citizens and American Naval Commanders 
the same rights and indemnifications which they claim for British Naval Commanders 
and British subjects. 

It will be a matter of the first importance to our Citizens, for the United States to 
enjoy the^ame immunities which have been claimed and enjoyed by Great Britain 
under similar circumstances. 

Mr Hale in the pursuit of a neutral trade presents himself for the transaction of 
business most important to himself, to his family, & to those for whom he transacts 
business. 

I shall be happy to know, and it will be most pleasing to our Countrymen to know, 
that until these grave questions are properly settled, and until you shall have received 
instructions from the Government of the United States on these subjects that our 
citizens meanwhile have the same immunities as claimed, and enjoyed by British 
subjects. 

I annex copies of the following: viz. 

i A letter from Ml Mandeville, British Minister at Buenos Ayres to M r Turner, 

British Charge d'Affaires at Montevideo dated 22- January 1845, containing a 

Letter from Lord Aberdeen to M- Mandeville dated i- August 1843 marked A. 

2 A letter from, the British Captain Pasley to the General [Commander?] in Chief of 

the Squadron of the Argentine Confederation dated 19^ Jan. 1845,^ marked B. 

3 A letter from the British Capt. Pasley to the Admiral Commanding in Chief of the 

Argentine Squadron off Montevideo: marked C. dated 29* Jan. 1845. 
42 A letter from the British Plenipotentiary M r Ouseley to Don Felipe Arana Minister 
of Foreign Affairs of the Argentine Government dated 19^ July 1845, marked D . 

In the Queries which I have drawn up, I have endeavoured as nearly as may be to 
conform to, and employ the terms used by the British Functionaries. 

I also subjoin letters from Admiral Laine, and one from the French Charge here the 
Baron de Mareuil. The letter of the Charge, and that of M* Mandeville of 22? Jan. 
1845, shew the mistake under which Admiral Laine has laboured as to the pretended 
agreement of the Argentine Government growing out of the joint Memorandum of the 
28^ March 1843. 

This letter will be handed you by M* John Naulty, supercargo of the Schooner 
Sarah Anne. . 

Any practical construction which the British Agents at or near Montevideo may put 
on this order of Admiral Inglefield for the Blockade of the Buceo: and his prospective 
order for the rigorous Blockade of other Ports of the Oriental Republic, might serve as 
a guide to our citizens here. It would be desirable to know, what is meant by the 
terms "occupied by": and what is meant by " Troops in the service of the Argentine 
Government." Does this mean Oriental Troops under General Oribe? 

Your situation near the source of action may enable you to obtain a solution of various 
matters, which may enable our citizens here to shape their course. Any such informa- 
tion will be highly acceptable. 



298 'PART II : COMMUNICATIONS FROM ARGENTINA 

Footnotes, page 295 Continued. 

M^ Naulty is near me, and admonishes me that he has a fair wind: I must therefore 

C Be U assured of the high and distinguished consideration of your friend and sert. 

B H. M. SHIP Curasao OFF MONTEVIDEO, 

January 19, 1845. 

SIR- I have the honor to acknowledge your letter of the ifiS Instant informing me 
that you have received orders from your Goyernntf to establish a rigorous blockade of 
the Port of Montevideo and of Maldonado, in case the latter place should fall into the 
hands of the Enemies of the Argentine Confederation. , , _. . ... , 

I have to request, at the desire of Her Majesty's charge d' Affaires at this place, that 
you will postpone the execution of the said Blockade until M r - Turner shall receive from Her 
Majesty's Minister at Buenos Ayres the communication which he considers ii necessary to 
obtain from that Gentleman on the subject. 

I have the honor [etc.]. 

D BUENOS AIRES, July 19, 1845. 

The Undersigned Her Britannick Majesty's Minister Plenipotentiary had the honour 
of receiving the note of His Excellency the Minister of Foreign Relations dated yester- 
day, and regrets to perceive that the Argentine Government after having refused to 
accede to the suspension of hostilities, still declines answering on the subject of the 
proposals made by the French Envoy and the Undersigned conjointly on the part of 
their Governments in their note of the 8^ Inst. 

The Undersigned feels it his duty to apprize His Excellency that however serious may 
be the other occupations of the Argentine Government, any delay in the important 
affairs which the Undersigned has jointly with the French Envoy to treat with His 
Excellency will probably lead to results which the Undersigned could not but deplore, 
and which could hardly be surpassed in gravity by any other business at the present 
moment occupying H. Excellency's attention. 

With regard to that part of His Excellency's note which relates to the non-recogni- 
tion of the Blockade by the Commander of the British Naval Forces at Montevideo, The 
Undersigned has now to announce to the Argentine Gov? that Sir Thomas Pasley's 
conduct, in refusing under the peculiar circumstances to acknowledge the late blockade 
having recently been approved by H. M. Government, the Undersigned cannot further 
entertain the question. 

The Undersigned has now therefore only to inform His Excellency the Minister of 
Foreign Relations that he is again under the necessity of insisting on an immediate 
answer to the requisitions that he has already had the honour to forward to the Argen- 
tine Government on the 8- Inst. and avails himself of this opportunity to renew to His 
Excellency the assurances of his highest consideration. 

Adophus Turner to Robert M. Hamilton 

E. MONTEVIDEO, August i, 1845. 

SIR: I have to acquaint you, that I have been informed by Rear Admiral Inglefield 
Commanding Her Britannic Majesty's naval forces on the East Coast of South America, 
that in consequence of the refusal of General Oribe to comply with the intimation which 
has been made to him by the British and French Admirals requiring him to suspend 
hostilities, a rigorous Blockade will be established of all the ports of the Oriental Re- 
public which are or may be occupied by the Troops in the service of the Argentine 
Government, and that the Blockade of the Port of Buceo has been this day estab- 
lished. Neutral vessels now in the Port of the Buceo will however be permitted to 
leave that Port, until the 12^ Inst. 

I have the honor [etc.]. 

I. de Mareuil, French Charge d' Affaires at Buenos Aires to Felipe Arana, Minister of 
Foreign Affairs of Argentina 

[TRANSLATION] 

BUENOS AYRES, March 27, 1545. 

MR. MINISTER: Your Excellency has addressed to the Legation of the King a note 
dated February 13, relative to the refusal on the part of Rear Admiral Laine, Com- 



DOCUMENT 153: OCTOBER 29, 1845 299 

153 

Felipe Arana, Minister of Foreign Affairs of Argentina, to William Brent, Jr. 
United States Charge a' Affaires at Buenos Aires 1 ' 

[TRANSLATION] 

BUENOS AIRES, October 29, 1845. 

The Undersigned by order of his Government has the honor to address you 
for the purpose of informing you, that this Government has learned, that in 
the expedition which is now in preparation, at Montevideo, under the 
[protection of the] ships of war of Her Britannic Majesty, and of His Maj- 
esty the King of the French, for the invasion of the territory of this Repub- 
lic, by way of the Parana river, there are some vessels belonging to the 
United States of North America, which under their American flag form part 
of the invading forces. 

Although His Excellency the Governor cannot persuade himself of the 
entire truth of this statement notwithstanding the account of it appears in 
the "National" of Montevideo of the 18^ instant, of which a copy is here- 
with sent to you, announcing the American barque Creole, for Corrientes; 
yet, he considers it important that you should be informed of it, and he 
flatters himself with the conviction that you will, so soon as you receive 
information on the subject, take efficient measures to prevent an act, which, 
if it should take place, might produce disagreeable consequences; especially 
as it appears that the barque Creole is announced as sent by the Commercial 
house of Southgate and Co; of which the Consul of the United States at 
Montevideo is a partner. 

It cannot have escaped your penetration, that besides the circumstance 
that by such an act the American vessels will have taken part in the hostile 

Footnote 2, page 295 Continued. 

mander of the French naval forces in the Rio de la Plata, to recognize the absolute 
blockade of the Port of Montevideo established January 1 1 by the Argentine Govern- 
ment. 

I have the honor to acquaint Your Excellency, in reply to the aforesaid communica- 
tion, that after having attentively studied the contents of this note, and the matter to 
which it refers, after having had many conversations with Your Excellency on this mat- 
ter, I have recognized that the Memorandum of March 30/28, 1843 contains no condi- 
tion by which the Argentine Government engages not to modify subsequently the partial 
blockade established at that time. 

In consequence thereof I have written to the Rear Admiral to induce him to recognize 
the blockade established by the decree of the I3th. 

I have just received his reply: he manifests his willingness to recognize the blockade as 
soon as the actual establishment thereof is signified to him by the Commander of the 
Argentine naval forces. 

I do not doubt, Mr. Minister, that the Argentine Government, in transmitting to the 
Chief of its Squadron the necessary orders for the enforcement of this measure, will 
authorize him at the same time to g_rant sufficient time for the French vessels which may 
now be in the roadstead of Montevideo to depart and for those of our nationals who may 
reside in that city to withdraw and embark their goods. 

Accept, Mr. Minister, the assurance of my high consideration. 

1 Despatches, Argentine Republic, vol. 5, enclosed with Brent to the Secretary of State, 
No. 15, February 15, 1846, below, this part, doc. 161. 



300 PART II: COMMUNICATIONS FROM ARGENTINA 

aggression of the naval forces of England and France upon this Republic, 
they would also violate the Argentine territory, by entering into its interior 
rivers, the navigation of which is prohibited to foreigners. The enormity of 
the proceeding, would be moreover aggravated by the circumstance of their 
attacking thereby the perfect rights of this Government, and endangering 
the relations of perfect understanding between the United States and the 
Argentine Confederacy. 

This Government is on its part decidedly resolved to repel by every means 
in its power such an act of violence (atentado) , and the hostilities for the 
repulse of the ships of war of England and France, and the merchant-vessels, 
whether foreign or national, which may accompany them, in the expedition 
announced to the Parana, will be extended to all, whatsoever may be their 
flag. This renders the situation complicated, and involves serious incon- 
veniences, which the Government desires seriously, and at the proper 
opportunity, to prevent. 

His Excellency the Governor, under these circumstances, indulges the 
hope, that you will, with your usual sense of justice, omit no means to pre- 
vent the vessels of the United States from joining in the expedition of inva- 
sion to the Parand by the English and French vessels of war; and that you 
will endeavour actively to oblige them to remain within the limits of their 
duties, respecting the immunities of the Republic, and reciprocating the 
good feeling with which citizens of the United States are regarded in the 
territory of the Confederacy. 

May God preserve you many years. 



154 

Carlos Maria de Alvear, Argentine Minister to the United States, to James 
Buchanan, Secretary of State of the United States 1 

[TRANSLATION] 

NEW YORK, November r, 1845. 

SIR: In the conference which I had the honour to hold with you on the 
27 th of the past month of October, you informed me, that you wished me to 
put in writing what I had told you verbally, as a memorandum of what was 
said there; and with that object, in fulfilment of your desire, I now repeat 
what I had the honour then to say to you, which is that the Government 
of the Argentine Confederacy, finding itself under the painful but absolute 
necessity of resisting the intervention which England and France united, 
have endeavoured to make in its own private affairs, as also in those of the 
Republic of Uruguay an intervention made under the pretext of putting 

1 Notes from the Argentine Republic, vol. i. 



DOCUMENT 154: NOVEMBER I, 1845 30 1 

an end to the war, which exists between the two Governments (on the one 
part) and the rebels in the single city of Montevideo now in the power of the 
allied forces of France and England, desired and hoped that the sentiments 
of amity which bind together the Government of the Argentine G'onfederacy, 
and that of the United States, as well as the uniformity of their principles, of 
repelling and not allowing the intervention of the Governments of Europe 
in the affairs of the New World, would now prevail, to induce the Govern- 
ment of the United States to employ in the present crisis all the moral in- 
fluence in its power, as a consequence of the acceptation of the principle of 
non-intervention, which has been proclaimed on various occasions by the 
Presidents of the United States. 

I consider it unnecessary to trespass upon your attention, by recalling the 
powerful reasons which justify resistance to European Intervention in the 
New World, as also the propriety and utility of shewing in the present in- 
stance, that the Governments of the New World, and most especially the one 
which by its power and elevation is at the head of all of them, does not re- 
main indifferent to the principles and declarations made by it, now that 
England and France have intruded (lansado) their intervention, without any 
cause or motive to justify such an act. 

I had the honour also to say to you, that the Government of the Argentine 
Confederacy, as also the legal President of the Republic of Uruguay, have 
decided to resist and repel by every means which Providence has placed in 
their power the unjust pretensions to which France and England have en- 
deavoured to force them to submit, without shrinking, of allowing them- 
selves to be imposed on by the power and force of this mighty coalition. 

In the same conference, I had the honour to say to you that Paraguay 
belonged, and had always belonged to the Argentine Confederacy, from 
which it had never detached itself until the year 1843, when it declared its 
independence, which has not been recognised by the last named power; and 
that the Government of the Argentine Confederacy hoped from the friend- 
ship of the Government of the United States, that whilst it was thus fulfilling 
the duty of resisting nations, so powerful as England and France, the critical 
nature of its position would not be increased by the recognition of the in- 
dependence of Paraguay, especially this seems to be one of the pretensions 
of the coalition between England and France; and you Sir may imagine 
what moral effect would be produced by seeing at this moment the United 
States ranging themselves with those European nations on this measure; 
whereas it is, on the other hand, much more advantageous for the Govern- 
ment of the Union to leave this point to be discussed by the other nations, if 
there should be occasion for it; for if the Argentine Confederacy should con- 
ceive that the independence of Paraguay ought to be recognised, the United 
States will by right enter into the enjoyment of all the advantages which may 
be allowed to other nations. 



But you will permit me to say, that as raraguay is situated at trie aistan 
of eleven hundred miles in the interior of the Argentine Confederacy, ar 
cannot be entered without passing for that distance by interior navigatio 
the question thereby becomes much more serious and delicate for the Go 
ernment of that Confederacy. 

Paraguay is entirely destitute of mines and metals, its population does n< 
amount to two hundred thousand souls, who are, in civilisation, far behir 
the rest of South America ; and if England has manifested a strong desire 
penetrate thither, and perhaps if possible, to obtain possession of the Gover 
ment or influence over it, this desire and interest, which is exhibited wi 
regard to all South America, can only be attributed in the case of Paraguz 
to the circumstance that in that country only, grows, and is naturally ci 
tivated, the short staple cotton produced [elsewhere] only in the Unit< 
States; it being doubtless the intention to encourage this cultivation, wi 
the view of being able to procure in time this precious material from son 
other country than the American Union. 

Having answered succinctly the several points presented in the conferen 
in question, may I be allowed to conclude by stating to you that my Gover 
ment most confidently hopes to obtain the sympathy and the moral assis 
ance.of the Government and people of the United States, in the maintenan 
of a principle which is of so much interest for the independence ai 
prosperity of the whole world. 

I avail myself of this occasion to repeat to you, Sir, the assurances of n 
esteem and consideration. 



155 

Carlos Maria de Alvear, Argentine Minister to the United States, to Jam 
Buchanan, Secretary of State of the United States i 

[TRANSLATION] 

NEW YORK, November 7, 1845. 

The undersigned Minister and Plenipotentiary Extraordinary of the A 
gentine Confederation has the honor to acknowledge receipt of the note 
the Honorable James Buchanan, Secretary of State of the United State 
dated the 25th instant [ultimo], transmitting him copy of a letter from i. 
Secretary of the Navy to his department, inclosing a statement of the charg 
made against Captain Voorhees, on account of acts committed by the latt 
official, when he despatched the frigate Congress against the naval forces 

1 Notes from the Argentine Republic, vol. i. For Secretary Buchanan's note of Octal 
25, 1845, to which this replies, see above, this volume, pt. i, doc. 15, and for its enclosures! 
note 2 thereof, p. 28. The words, " dated the 25th instant", in this translation, are a corn 
rendering of the words in the original, which are "de fecha del 25 del presente mes"; t 
this is evidently impossible since this note was written on the yth of the month. 



DOCUMENT 156: NOVEMBER 14, 1845 303 

the Argentine Confederation employed in blockading Montevideo, transmit- 
ting him also copy of another communication from the said Secretary of the 
Navy, enclosing a copy of the sentence of the court martial as well as the 
letter of censure addressed to the said Captain Voorhees by the Navy De- 
partment, the Secretary of State at the same time expressing the hope 
that the Government of the Argentine Republic will see in the steps taken 
to this end and in their results a satisfactory proof of the willingness of 
the Government of the United States to respect the rights of Buenos 
Ay res. 

The undersigned has noted these documents with the greatest satisfaction 
and they will be transmitted at the first opportunity to His Government, as 
well as the note of the Honorable Secretary of State; and he can give the 
assurance that the Government of the Argentine Confederation will see in 
them the confirmation of the confidence which it has always had in the prin- 
ciples of justice of [the] Government of the United States, as well as respect 
for its rights. 

The undersigned has the honor [etc.]. 



156 

William Brent, Jr., United States Charge & Affaires at Buenos Aires, to James 
Buchanan, Secretary of State of the United States 1 

No. 13 BUENOS AIRES, November 14, 1845. 

SIR: On the 15-^ of September, I had the honor to receive your letter of the 
26^ of May 1845,2 in reply to mine of the 28^ of Jan. preceding. 

You tell me that the conduct which I have pursued, and the sentiments I 
express in regard to the strict blockade of Montevideo by the Naval Forces 
of Buenos Ayres are approved by the President. His approbation is a 
grateful reward, I trust I shall be enabled so to continue to discharge my 
duties as to merit a continuance of his approbation. 

At a different extremity of the Globe, far removed from frequent inter- 
course with the United States, an interval of very nearly eight months 
necessarily elapses between communications from me, and replies from the 
Department of State.- My situation is therefore somewhat peculiar. 

It is obvious that a public servant in Europe can in the space of a month 
receive instructions, and elucidations from the Department of State, in cases 
of novelty, and difficulty as they arise. That which is practicable for one 
thus circumstanced is utterly impossible here. And this difficulty is en- 
creased when it is notorious and evident that channels of communication 

1 Despatches, Argentine Republic, vol. 5. 

2 For this instruction, see above, this volume, pt. I, doc. 13. 



304 PART II : COMMUNICATIONS FROM ARGENTINA 

which until of late have been faithful and regular, are now dishonoured, and 
no longer to be trusted. I refer you for proof of this to 1 

Again, it has been well said that "the free interchange of sentiment constitutes 
the chief value of private friendship, and one of the most efficient means of 
public wisdom." From this source also it is obvious, that I am wholly 
cut off. 

Again : the Gazettes of our beloved country contain the ideas of men of 
every mode of thinking on all subjects which agitate the body politic, and 
thus furnish food for reflection, and accuracy of decision. To these there 
is no access here. And besides all this, the range of the libraries here, 
those repositories of the wisdom of sages is unhappily very limited indeed. 

But it is most fortunate that the Department of State has furnished me 
with the volumes of our Foreign Relations, a mine replete with richest ore, 
thrice refined in the crucible of Truth. 

In most of the questions which have arisen, since my arrival in the La 
Plata I have found in them wherewithall to perform the work assigned me. 
It is pleasing to repose on the Principles of Truth rendered sacred by the in- 
vestigations of those great spirits now numbered with the illustrious dead. 
These truly great men have left the impress of their genius, and their Patriot- 
ism, and the love of Truth in these Records of their wisdom and their vir- 
tue. A Panoply of which the People of the United States may well be 
proud, and which furnishes to all nations the same measure, by which we 
wish to be judged ourselves. 

When then in your letter to me of the 26^ of May 1845 you say to me that, 
"Should the strict Blockade be persisted in, you (I.) will take care that it 
shall be conducted on the Established Principles of Public Law, and in such 
manner as to inflict as little injury on American Commerce as possible" 
instantly my mind turned to these important records, and this I felt as an 
additional obligation on me to look well into the Established Principles of 
Public Law, and to consult with care these Principles as discussed and estab- 
lished through the Department of State of the United States. And I am 
thoroughly persuaded that these principles thus established, if carried into 
effect, would be the most powerful means to diminish as much as possible 
injury to American, & neutral Commerce. 

What had taken place in the refusal of the French and British to permit 
the execution of this blockade, by the Argentine Government, has been 
shewn in my despatches N<? VII. July 29, 1845, N? VIII. 30* July 1845 & 
N? IX. Augt. 2* i845. 2 Their refusal rendered it unnecessary in that 
case for me to take any steps after the receipt of your letter of the 26^ May 
1845, in relation to that Blockade. 

1 The evident intention of the writer to insert, here, a reference, cite an instance or make an 
explanation was not carried out. The sentence is unfinished. 

* For all three of these, see above, this part, under their respective dates, docs. 145, 146, 
and 147. 



DOCUMENT 156: NOVEMBER 14, 1845 35 

By my letter to you of the 2^ of August I gave you the information that 
the British and French Plenipotentiaries had insisted upon the immediate 
and entire withdrawal by the Argentine Government of all its troops and 
naval Forces from the Territory of the Republic of Uruguay. While on the 
other hand, the Argentine Government insisted on an acknowledgement of 
the strict blockade of Montevideo, without any conditions and in the most 
rigorous manner by the Commanders of the French, and British Naval 
Forces off Montevideo, "not only as a first previous step in any negociation 
that may take place, but even without any negociation." 

It was plain that if the French and British Naval Forces off Montevideo 
had permitted, or would even then have permitted (i. e. on 31^ July 1845.) 
the Argentine Government really to execute a rigorous blockade on that 
town, that it would immediately have surrendered, and the war would have 
thus been ended. But the French and British Mediators (as they style 
themselves) refusing to acknowledge the strict Blockade ordered by the 
Argentine Government, and that Government insisting on this recognition, 
and the Mediators demanding their Passports, they accordingly received 
them, and then went to the town of Montevideo. 

A few days previous to their departure, the French and English Admirals 
on the 2iii of July addressed Notes to General Oribe declaring that, 

The Mediatory Ministers have placed the City of Montevideo under 
the joint protection of the French and English Naval Forces to assist in 
the defence of that city by every means in their power. And that if 
General Oribe persists in attacking the town, they are authorized not 
only to defend the town, but likewise to establish a Blockade of the Port 
of the Buceo, and All other Ports in his possession, and to cut off all 
communication with the army under his orders. 

To this, the Minister of Foreign Affairs of the Oriental State of Uruguay 
on the 24^ of the same month replied that General Oribe not recognizing 
"in the Rear Admirals of France and England, any right whatever to impose 
conditions on him, nor to limit his belligerent rights, he will not only not sus- 
pend hostilities against the rebels, and armed foreigners shut up in Montevideo, 
but that he will continue likewise, in his operations against all, and every 
obstacle, against all and whatever enemies he may have to combat." 

At the date of these letters General Oribe was in the full, and complete 
possession of the entire country of the Oriental State of Uruguay, with the 
single exception of the town of Montevideo, upheld by foreigners with the 
sole exception of about 211 Orientals in arms, amounting in the whole with 
all the men women and children of the Republic not to 3000 persons. The 
Foreign Population in Montevideo including the French, Italians, Basques, 
British, Argentines and African negroes and the natives just mentioned, 
amounted to about 18,000, or 20,000. General Oribe has held thus entire 
possession of the territory of the Republic of Uruguay, (the town of M. V. 



3OO PART II : COMMUNICATIONS FROM ARGENTINA 

excepted) ever since the Battle of India Muerta on the 27^ of March last. 
It was then that he began again to reorganize the Government under the 
written Constitution. In order to organize a Provisional Government he 
called together the Representatives and Senators who had been dispersed by 
the Revolution under Rivera. While these members of the two Houses of 
Congress were assembling, the two Ministers of "the Mediatory Powers 1 ' 
upon reaching the town of Montevideo, published their Manifesto dated on 
the 4^ of August 1845, annexed marked N? I. 1 proclaiming the perfect, and 
absolute Independence of the Uruguay : and acknowledging the few Orientals 
& the foreigners in Montevideo to be "The Government of the Oriental Re- 
public." 

While "the Mediating Powers" (as they call themselves) were thus taking 
sides with the Foreign Faction in the Town of Montevideo, in compliance 
with a Notice issued by Governor Oribe, sometime before, the two chambers 
of the Legislative body on the 1 1 of August, at the Buceo. These were the 
old deputies to form a provisional Government. To these General Oribe 
addressed a Message to which the Legislative body made a reply. Of this 
reply a Copy is annexed dated on the 6- Sept. 1845. (N? 2) 2 

The General Assembly is composed of two chambers. The Chamber of 
Deputies consists of 30 Members, every 3,000 souls being entitled to one 
deputy. The Senatorial Districts consist of 9 Departments. The whole 
number of Persons in these different departments are now variously esti- 
mated from 120, to 150,000 persons. By the Constitution a census is taken 
every 8th. year. General Oribe has a force of upwards of 14,000 men in 
arms, in the whole Republic : besides an Argentine Force as auxiliaries under 
his command: Other Officers of the Government of the Republic had 
assembled; & Ports of Entry on the side of the Brazilian province of Rio 
Grande have also been opened, and the Custom House Officers appointed. 

It is in this state of things that "the Mediatory Powers," the French and 
English Plenipotentiaries have proclaimed the single town of Montevideo to 
be the Republic of Uruguay. 

On the 30^ of August I addressed a letter marked (N? 3) to Captain G. I. 
Pendergrast 3 of the U. S. S. Boston off Montevideo with the accompanying 
documents. The object of this communication to him was to shew the 
positions taken by the French and English Admirals and Ministers in regard 
to the Blockade put upon Montevideo by the Argentine Government in 
January last; and again I thought it very important to ascertain whether the 
British, and French Admirals would grant to our citizens in their blockades 
(for which see my letter to Commodore Daniel Turner hereto annexed) that 

1 This reference is to a long document in English, of this date, published under a Monte- 
video heading in "The British Packet and Argentine News" of August 23, 1845, over the 
signatures of W. G. Ousely and Baron Deffaudis. 

2 This document, covering ten pages of a pamphlet, is also printed in Spanish. 

3 For this letter see above, this part, doc. 152, note 2, p. 295. 



DOCUMENT 156: NOVEMBER 14, 1845 30? 

which they had claimed for British and French subjects when the Argentine 
Government had ordered the rigorous blockade of Montevideo; and I beg 
leave Sir, to call your attention specially to the correspondence of Captain 
[Commander] Pendergrast with the English and French Admirals on this sub- 
ject, of which doubtless he will forward a Copy to the Government of the 
United States. I deem it important that your attention should be thus 
called to that Correspondence. 

And again : On the 25^ September 1845, 1 addressed a letter to Commodore 
Daniel Turner 1 Commanding the United States Naval Forces on the Brazil 
Station. To him I sent copies of the following Blockades viz. 

J The pertinent portions of this letter, of September 25, 1845, to Commodore Turner 
follow: ' 

William Brent, Jr., Untied Stales Chargg d' Affaires at Buenos Aires, to Commodore Daniel 
Turner, Commanding ifnited States Naval Forces 

[EXTRACT] 

BUENOS AYRES, September 25, 1545. 

SIR: I enclose you N- 1 , a Notification of Adolphus Turner at Montevideo on the i# of 
August 1845, declaring that a "Rigorous Blockade WILL be established of All the Ports 
of the Oriental Republic of Uruguay and that the Blockade of the Port of Buceo has 
been this [thus] established:" 12 days from the date of notification is allowed to neu- 
tral vessels to depart: nothing said as to going in. 

N 2 2. A decree of Joaquin Suarez, &c. " declaring in a state of absolute blockade all 
the Littoral COAST and Ports of the Republic of Uruguay, in the possession of the 
enemy." 

At that time they were all in the possession of the enemy. This littoral coast is 
[blank] Miles. 

NS 3. A Notification of Adolphus Turner of the Blockade of Maldonado on the 17^ 
Augt. 1845. 

N 2 4. The Notification of the British Plenipotentiary at Montevideo, of a blockade 
of the Ports and Coasts of the Province of Buenos Ayres dated 22$ Sept. 1845. 

N 2 5. Declaration of French Minister at Montevideo of Blockade of the coasts and 
Ports of the Province of Buenos Ayres, dated 22- Sept. 1845. 

Ns 6. Ws Brent Jr's Protest against French Blockade. 

N 7. WE Brent J Protest against the English Blockade. 

N- 8. A letter from the Hon^ James Buchanan Secretary of State of the United 
States to W. B. JX 

I have not ascertained the number of Ports on all these coasts; but your charts will 
shew you better than I can the extent of coast ordered to be blockaded. 

I have been unable to learn whether these three squadrons of Admiral Garribaldi, of 
Admiral Laine and Admiral Inglefield have attempted to blockade any coasts or any 
other ports than this, the Buceo, & Maldonado. At Maldonado the Blockade was 
ordered on the i- August, the single vessel was sent there to blockade on the 17-. 

The Admiral Garribaldi commands most of the vessels taken by the English and 
French from the Argentine Government. I do not know precisely what numbers 
these Admirals had on the 22* of Sep. 1 845. But I^am sufficiently advised to know that 
to Blockade coasts, and more especially such of this extent, their force is not adequate; 
to say nothing of the number of Ports on both sides of the coasts, and of the Rio de la 
Plata. 

I have received no official communication of the Blockade of Littoral Coast to be 
executed by Admiral Garibaldi; nor have I received any official notice of the Blockade 
of Maldonado by Adolphus Turner as seen by the notice sent. I send the copies copied 
from a Newspaper. 

I shall, (if I can find time to have them copied) send you a couple of letters from Amer- 
ican Citizens here in relation to their interruptions: and I have had a number of applica- 
tions from others of our countrymen; all are stretching every nerve to get off their 



Will Off estaDllsnea on uic pur us cxu. cum 1110.1. me .DIUCK.CIUC ui uic JDUUCU nu,s 
been established. 

2S A decree of the Town of Montevideo declaring in a state of absolute 
blockade "toda el littoral de la costa de nuestro puerto, y demas puertos, 
[puertos] y costas de la Republica." 2 

N- 3. Notice of British Charge d'Affaires at the town of Montevideo that 
the single ship " Comus" is sent to put a rigorous blockade upon the town of 
Maldonado, on 17^ August i845. 3 

N- 4. British Notification of a blockade of the Ports, and coasts of the 
Province of Buenos Ayres dated 22$ Sept. 1845. 

N 5. French Notification of same & same date. 4 

N^ 6. Reply of W. Brent J* Charge d'Affaires of the United States to the 
French Notification. 

N- 7. Reply of same to the British Notification. 5 

I beg leave to call, Sir, your attention to the Documents appended to my 
letter to Commodore Turner. These will shew that taking in both sides of 
the La Plata, somewhere about 2000 Miles of coast are now notified to be 

1 See above, this part, doc. 152, note 2, p. 295. 
J A translation of this decree follows: 

MONTEVIDEO, August ip, 1845. 

"The Government of the State, considering: that the blockade of all the ports and 
coasts of the Republic occupied by the enemy, declared from the first of the present 
month of August by the Admirals of England and France, is an act occasioned by the 
arrogant tenacity of the Governor of Buenos Ayres, and the stupid obstinacy of the 
General of its vanguard army which besieges this city. Considering that the Govern- 
ment today is in a position to cooperate with the elements at its disposal in the fulfill- 
ment of that measure, assisting in its enforcement along the entire coast of our port 
occupied by the enemy and the other littoral shores of the Republic: resolves and decrees: 
Art. i : From this date, all the littoral coast of our port and other ports and coasts of the 
Republic occupied by the enemy army are declared in a state of absolute blockade and 
non-intercourse. 

Let this be communicated to those concerned, published and inserted in the National 
Register. 

Joaquin Suarez, 
signed Santiago Vasquez, 
Rufino Bauza, 
Santiago Sazago. 

3 This notice of the British ChargS d'Affaires is as follows: 

Translation, 

The undersigned Charge d'Affaires of Her Britannic Majesty has the honor to com- 
municate to His Excellency Sr. Don Santiago Vasquez, Minister of Government and 
Foreign Relations, with reference to his note of the first instant, that he has been in- 
formed by Rear Admiral Inglefield, commander of the forces of Her Britannic Majesty 
on the coast of the East and South America, that Her Majesty's sloop "Comus" has 
been dispatched for Maldonado with orders to establish a rigorous blockade in that port. 

I must add that neutral vessels have a period of three days after the arrival of Her 
Majesty's sloop "Comus" at Maldonado in order to leave the Port. 

The undersigned siezes this opportunity to reiterate to His Excellency Sr. Don 
Santiago Vasquez, the assurance of his most distinguished consideration. 

4 For the French notification, see above, this part, doc. 149. 

6 For Brent's reply to the British notification, see above, this part, doc. 151 . His reply to 
the French Minister is not copied. 



DOCUMENT 156: NOVEMBER 14, 1845 309 

blockaded by the French, British, and the Italian Admiral Garabaldi [Gari- 
baldi], now in vessels of war taken by the French & English from the Argen- 
tine Government, and this Italian sails under the Flag of what they call the 
Oriental Republic of Uruguay. 

Besides the Letter to Commander Pendergrast of the U. S. Ship "Boston" 
off Montevideo, and the Letter to Commodore Daniel Turner just referred to, 
and the protests against the Blockade, I addressed a Letter to the American 
Plenipotentiary at Rio de Janeiro. By reference to my letters to Com- 
mander Pendergrast, and to Commodore Turner and the documents accom- 
panying them you will be enabled to see howf ar I have complied with the Injunc- 
tions of the President that, should the strict blockade be persisted in, care should be 
taken by me that it be conducted on the established principles of public law: and 
in such manner as to inflict as little injury on American Commerce as possible. 

I deemed these injunctions equally applicable to these blockades of the 
French and English, as to that of the Argentine Government, and indeed 
more so, because of the greater influence which powerful nations have in es- 
tablishing Practices, and Precedents. 

And moreover the use which the English and French Ministers here make 
of the practices, and precedents which they have already set in the Rio de 
la Plata have admonished me of the necessity of taking the most decisive 
steps against the conduct of these nations on the subject of Blockade. Of 
this Sir, I shall have occasion to make an especial statement to you, at a more 
opportune time. Meanwhile I shall use every vigilance as long as these 
blockades continue, to see that every security in rny power for American 
Commerce against them shall be taken. 

Commodore Turner, and Commander Pendergrast will doubtless com- 
municate to the Government of the United States what they have done in 
relation to these interesting subjects. Commander Pendergrast in the 
Boston informs me that he expects to sail for the United States forthwith 
from Montevideo, where Commodore Turner now is, and who will proceed in 
the Boston to the United States. 

The Mediatory Powers have not stopped with these proceedings. 

On the 21 July the French Plenipotentiary demanded his passports for 
the 31- July, if up to that period the Argentine Government has not announced 
to him, that the orders of that Government have been issued for the with- 
drawal of their Troops and squadron from the Territory of the Oriental Re- 
public of Uruguay. The English Plenipotentiary M^ Ouseley addressed a 
similar letter to the Argentine Government on the same day (see pa. 74. Coll. 
Docs) 1 herewith sent. And by reference to page 98 of the same collection 

1 The Collection of Documents referred to is a pamphlet of one hundred and sixty-six 
(folio) pages, printed in three languages, in parallel columns, Spanish, French and English. 
It appears as vol. 2, No. 22, dated November 5, 1845, of a publication entitled Arciwoo 
Americano y Espiritu de la Prensa del Mundo. All documents are more or less closely 
pertinent to the blockade. 



310 PART II: COMMUNICATIONS FROM ARGENTINA * 

t' 

it will be seen, that immediately on writing these letters, positively, ordering | 

the withdrawal of the Argentine Squadron, (but most probably before) the ! 

English and French Mediators had given orders to their Admirals to detain the 
Argentine Squadron. For on the very night of the 21^ July the English 
Frigate Eagle, had anchored between two of the Argentine vessels of war, i 

and at dawn of the 22-, the French Brig of War Dassas was at anchor a little ' 

more to the west; and at 1 1 o'clock on the 22- July, the Captains of the Eng- ; 

lish and French Frigates had notified Admiral Brown in the name of their 
Admirals that according to orders from their Ministers Plenipotentiary the \ 

Squadron under his command was detained. I 

Thus we see that while as a condition, the withdrawal of the Argentine | 

Squadron is demanded, at that very moment the Mediators order it to be detained. f 

For instantly on the receipt of these letters from the Mediators, the Argen- | 

tine Government on the 22^ July addressed a letter to their Admiral directing * 

him immediately, and without any delay whatsoever to retire to Buenos Ayres ; 

with all the vessels under his command. ( ). [In the manuscript copy, : 

opposite this line, appear the words "See colleccion pa. 74, No. 55."] On 
the 31- July the English and French Admirals again notified the Argentine 
Admiral that he could return to Buenos Ayres, leaving the French & English 
sailors belonging to his squadron The Argentine Admiral requested that j 

they might remain until his arrival at Buenos Ayres. This was refused 1 

by the English and French Admirals, but they said that in two or three * 

days they expected to hear from their Plenipotentiaries at Buenos Ayres. * 

However on the 2- of August this scene of violence and outrage was finally 
concluded, when the Argentine Admiral preparing to sail was fired on, when 1 

he hauled down his flag and surrendered, the four vessels of war being the | 

entire force then under his command. 

Thus at the moment when the Argentine Government is ordered to withdraw 
its squadron by the 31^ orders are given by the "Mediatory" Plenipotentia- 
ries to detain it, and then it is finally seized upon. The whole scene is fully 
detailed by the Report of the Argentine Admiral Brown, and its accompany- 
ing document as seen at pa. 98 of Colleccidn de Documentos &c. herewith 
sent. 

And now commences a regular succession of outrage as far as the ability of 
the Mediatory Powers can at present go. 

Having thus seized on the Argentine Fleet they appointed over it an 
Italian named Garabaldi [Garibaldi], as Admiral of the Oriental Republic. 
Their different blockades as detailed in my letter to Commodore Turner have 
declared in a state of Blockade an extent of cost about equal to that extend- 
ing from the Rio del Norte to the St. Croix. 

The fleet of the three Admirals next seized on the Island of Martin Garcia; 
a most important point, which commands all the great Rivers which pene- 
trate the interior of this extensive country. 



be of more importance to her than Gibraltar, or the Cape of Good Hope, or 
-Aden, or Hong Hong [Hong Kong]. For these countries offer the finest 
field for their manufactures, for their discontented chartists, and Repeal 
men. And above all this Island must command a cotton country which 
"bids fair to be equal if not superior to that of the United States. What 
Mvith the Falkland Islands, and the new Gibraltar of the Town of Monte- 
video, and the Island of Martin Garcia the subjugation of these countries to 
British Misrule will in the end be as complete as her domination in all the 
countries where she can intrude her force. 

With the seizure of Martin Garcia, the towns of Colonia, & Gualeguaychu 
Have been sacked and plundered: by whom done the statements, as in other 
cases are not harmonious. But it is certain that Admiral Girabaldi [Gari- 
baldi] has received some share of the plunder, as will be seen by the paper 
marked (5.) to which I call your attention. These towns are still in the 
possession of some 4, or 500 English and French : At the town of Pay- 
sandu they have been repulsed and have not succeeded in capturing it. 

Advices from the town of Montevideo give information that the English 
and French are preparing an expedition to proceed up the Parana. From 
the best information which I can obtain the expedition is now assembling at 
the Island of Martin Garcia, as the place of rendevouz: it will probably con- 
sist of three English and French Steam Ships of War, and other vessels of 
war amounting to about twelve in all ; these will be accompanied by, some 
accounts say, twenty Merchant Vessels, some say a much greater number. 

General Rosas meanwhile is on the alert, his military force has been 
greatly augmented. The Governments of the different provinces of the 
Confederation have patriotically offered their Quotas. General Man- 
cillia [Mantilla?] has constructed batteries at advantageous points on the 
IRiver Parana, which goes up to Corrientes, & Paraguay, an advantageous 
and elevated Bluff at a place called the Tonelero has been selected, & forti- 
fied, and obstructions have also been put in the River. 

Besides this General Urquiza the Governor of Entre Rios, one of the 
Provinces of the Argentine Confederation on the other side of the La Plata, 
and the Parana, is at the head of a considerable force, and is now marching 
on General Paz, who some time since went from Brazil into Corrientes. and 
lias been organizing a force, it is said with intention to attack the Provinces 
of the Argentine Confederation. He is destitute of money and arms. 
These will be furnished him by the expedition now assembling at Martin 
Garcia, if it succeeds in forcing the batteries at the Tonelero: and if General 
"Urquiza shall not have succeeded in destroying General Paz. The ex- 
pedition, it is said will carry up a considerable number of stands of arms, and 
SL good supply of munitions of war : these are to be furnished by General Paz 



PART 



312 

at a stipulated price, to be paid for in hides at a price agreed on. And tf 
merchant ships are freighted with goods of every description. Great e: 
pectations are entertained from this expedition, in strengthening the di 
affected in Corrientes and elsewhere, in furnishing Gen^ Paz with supplies < 
arms, and money; in enlisting Paraguay in this war against the Province ( 
Buenos Ayres, and in taking back to the town of Montevideo a large amour 
of produce in exchange for the European Merchandize on board the me 

chant vessels. 

The effect of these misnamed blockades, and of the other proceedings ( 
the "Mediatory" Plenipotentiaries is already obvious. Many of ot 
countrymen were here engaged in profitable and honorable business: man 
of these have left the place, and such as remain are necessarily placed in mos 
disagreeable, and many in very distressing circumstances. 

As is seen from the different communications which I have had the hone 
to make you, it is plain that the continuance of the war in these countrie 
would long since have ceased but for the Interference of the English an 
French in refusing to the Argentine Government to put on a rigorous blocl 
ade of Montevideo. 

That these European nations have their views intently fixed on thes 
countries is undeniable. There are many circumstances which full 
demonstrate this. These views will be carried out just in proportion as the 
find that they can divide and then govern them. This will be done by ii 
timidations by blockades, a weapon now so well confided to the Commandei 
of Ships of War : A weapon which if submitted to must assuredly end in th 
total destruction of the trade of those Nations not in the habit of using the 
naval force for the regulation of Trade. Nor will they forget the weapo 
of Bribes. 

The Mediatory Plenipotentiaries have published their reasons for puttin 
on their blockades. These with a reply which I understand, this Goverr 
ment means to make, I will send by an early opportunity. 

I have the honor [etc.]. 



157 

William Brent, Jr., United^ States Charge d' Affaires at Buenos Aires, to Felij. 
Arana, Minister of Foreign Affairs of Argentina ' 



i 



BUENOS AIRES, November 27, 1845. 

SIR: I had the honor to receive the letter of Your Excellency dated th 
29^ of October. 2 I regret much that this my reply has been so long d< 
layed, but it has been unavoidable. 

1 Despatches, Argentine Republic, vol. 5, enclosed with Brent to the Secretary of Stal 
-No. 15, above, this part, doc. 157. 
1 Above, this part, doc. 153. 



In your letter you inform me that, "in the expedition which is now in * 

preparation at Montevideo under [the protection of] the ships of war of Her ^ 

Britannic Majesty and of his Majesty the King of the French for the invasion / ' 

of the territory of this Republic by way of the Parana river, there are some ] 

vessels belonging to the United States of North America, which under their fa 
American flag form part of the invading forces. 

That the barque Creole is announced as sent by the Commercial house 

of Southgate and Co, of which the Consul of the United States at Montevideo < } 

is a partner." ''* 

When Capt. [Commander?] Pendergrast was here I made him acquainted 

with this circumstance of the Creole: he sailed a few days after to Monte- <f 

video, and doubtless communicated this, which was probably already known f 

to the American Commander of the American Naval Forces then awaiting K 

the return of the Boston to Montevideo. What has been done by the ^ / 

American Naval Commander on this subject I am not advised; nor do I -, 

know how he would feel himself authorized to act in such case under the \ 

order [of] the President. The probability is that as this is an extraor- 

dinary state of things the Instructions to the American Naval Commander ' i 

do not embrace the case. ,' 



The American Consul, in the case of the Creole and some others in the ,{ 

same situation, has informed those concerned that they act at their peril, and Vj 

that the United States can make no reclamation for any damage or loss which * \ 
these persons may sustain in this expedition. 

It is, I assure you, Sir a matter of deep regret that at this important crisis ,j>, 

of the affairs of the Argentine Confederation, American Citizens should em- j f 

ploy the Flag of the United States to aid in an expedition made by the l , 

enemies of this Republic against it, And I am sorry to see that the >n > 

"Creole" is not the only vessel thus using the Flag of the United 'rfjs 

States. Ti 

" >\ 

That these persons can neither be viewed as Mediators, nor as Pacificators, ,* <' 

nor Friends, nor as neutrals there can be no doubt. ,,>' 

And if words stand for things, and if they are not used as mere cheat and | f ' 

delusion, these persons can only be viewed as Enemies, and to be treated as j^; 

such by the Argentine Government. %'ij 

In a former communication I informed this Government that the Naval <U 

Commanders of the United States are not under my orders or direction: my jjt . 

powers extend not to them. Nor do they extend to the Consulate at i 

Montevideo. Vt 

|U| 

It will be my duty to communicate your letter to me of the 29 Oct. to % 

the Government of the United States and request from them instructions on |( ' 

this point for myself. ^ 

The American Consul at Montevideo will I am persuaded have all the in- |i 
formation in relation to this matter communicated to the United States, and 



PART II : COMMUNICATIONS FROM ARGENTINA 

I doubt not but they will discharge their duty in this case to all concerned 
with that respect for themselves, and for the rights of others which is so well 



known. 

I have the honor [etc.]. 



158 



William Brent, Jr., United States Charge d 1 Affaires at Buenos Aires, to James 
Buchanan, Secretary of State oj the United States 1 

jq- I4 BUENOS AIRES, January id, 1846. 

SIR: In my letter of the 14- November 2 I communicated to you the 
important facts of the capture of the Argentine Squadron by the English 
and French, of the transfer of that squadron to an Italian as Admiral of the 
Oriental Republic, of the capture, and occupation of the important Island 
of Martin Garcia; of the bombardment and capture of the towns of Colonia, 
and Gualeguaychu. Colonia the English and French still hold possession 
of, Gualeguaychu was assaulted by Garribaldi [Garibaldi], and plundered by 
him, and then evacuated. He also took possession of the town of Salto 
on the river Uruguay, which he still holds though closely besieged. 

The expedition of the Ships of War, and merchant Ships mentioned in my 
last have proceeded up the River Parana. The Ships of War consisting 
of French and English Steamers, and some sail vessels were stopped in their 
passage up at the pass of the Vuelto Obligado, where the Argentines had 
thrown up a battery defended by a respectable force under General Man- 
cillia. 

This was attacked on the 20^ Nov. and after a most heroic defence was 
compelled to surrender. The batteries of the Argentines mounted 35 Guns of 
small caliber from 4 to 24 Pounders; the Ships of the Allies mounted 113 
Guns (many of them Paixhan[s]) of Caliber from 24 to 84 Pounds Gen- 
Mancilla had about 3000 Men ; the invading Fleet about as many. The fir- 
ing lasted 8 or 9 hours, when the Argentines having expended all their am- 
munition the Allies succeeded in taking the batteries. The loss is variously 
estimated: the Argentines state their loss at about 300. The Anglo French 
make out more, they have published no official account what is their loss it 
is impossible to determine. I send with this a detailed Official account 
published by the Argentine Government, and an account published by some 
British Officer 

I attach much credit to a letter before me which says: "the combined 
forces of the English, and French acknowledge themselves in killed and 
wounded 140 including five Lieutenants, and several marine Officers, & Mid- 
shipmen. The Brig Dolphin, and the Steamer Fulton were literally cut to 
pieces." A. & B. 



DOCUMENT 158: JANUARY 1 6, 1846 315 

The battle of the Obligado gives strong proof that the spirit of the Argen- 
tines is not subdued, and that notwithstanding the inequality in skill, 
and instruments of war, they will not be subdued without a severe 
struggle. 

Without a successful bribery of